What is the test used to determine custody of children?
Alberta, Canada
The following excerpt is from Brill v. Brill, 2010 ABCA 229 (CanLII):
Although the father raises a number of issues, there is only one test to be applied to determine the custody of the children, namely, what is in the best interests of the children, having regard to all the relevant circumstances relating to the children’s needs and the ability of the respective parents to satisfy them: Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27 at paras. 17-19.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How is the relationship of a parent and child considered in a custody determination? (Alberta, Canada)
In what circumstances will a judge order a full hearing into the custody of a mother and her two children? (Alberta, Canada)
What is the test for determining custody and access under s. 3(1) of the Divorce Act? (Alberta, Canada)
In an application for a writ of habeas corpus, is the court bound by virtue of the fact that the court has granted custody of a child in a custody dispute? (Alberta, Canada)
What factors will be considered in determining whether or not a child has been found safe and well in custody? (Alberta, Canada)
How has the Court considered the role of the amicus curiae in determining the outcome of a custody dispute? (Alberta, Canada)
Is there a material change in the circumstances of custody of the child since the last custody order has been made? (Alberta, Canada)
When there is shared parenting and joint custody and what factors will the court consider in determining the best interests of the parties? (Alberta, Canada)
Does a step-parent who has a relatively brief marriage to someone who already has children have an obligation to support the children to the end of their post-secondary education or longer if they have serious health issues? (Alberta, Canada)
How have the courts dealt with the issue of custody and custody issues in a motion of motion of the same name? (Alberta, Canada)
