What is the test for determining the best interests of the children?

Ontario, Canada


The following excerpt is from Jones v Jones, 2016 ONSC 6290 (CanLII):

With respect, I must disagree with the appellant’s narrowly construed interpretation in reference to the test for determining the best interests of the children. In my view the scope of the issue that was before Neill J. is premised on the leading authority of Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27 (S.C.C.). In her reasons, the trial judge correctly set out the legal principles. Once any material change in circumstances is found to exist, a court may undertake a fresh examination of the best interests of the children and consider all of the relevant factors as outlined in Gordon v. Goertz, along with the criteria found in ss. 24 and 29 of the Children’s Law Reform Act.

Other Questions


In a non-Hague Convention case, what is the test for a stay of a return order where the parties' best interests of the child are compromised by postponing the determination of the children’s best interests in the country where they are habitually resident? (Ontario, Canada)
What is the test for determining the best interests of the children of a Catholic Children's Aid Society of Metropolitan Toronto? (Ontario, Canada)
Can a court determine Crown Wardship and access without the need for the Children's Aid Society to prove that the children are adoptable? (Ontario, Canada)
What is the test for determining whether a specific travel choice is in the children’s best interests? (Ontario, Canada)
In determining the best interests of the child, is the apprehension of a child by the Catholic Children's Aid Society of Metropolitan Toronto? (Ontario, Canada)
What is the test for a judge to determine what is in the best interests of the children of a separated parent? (Ontario, Canada)
What is the test for determining the best interests of a child under section 37 (3) of the Children's Aid Act? (Ontario, Canada)
What is the test for determining the best interests of the child of a Catholic Children's Aid Society of Metropolitan Toronto? (Ontario, Canada)
Is it in the best interest of the children for both parents to participate in decisions involving the children regarding educational, health, or disciplinary measures? (Ontario, Canada)
What is the "best interest" factor in determining whether a parent should have maximum contact with their children? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.