Best Interests of the Child

F v N: 'Best Interests of the Child' in Parental Abduction cases

In F v N (2022 SCC 51), the Supreme Court of Canada (“SCC”) decided the question of whether or not Canadian courts have jurisdiction over custody issues involving children in situations of parental abduction. At issue were provisions of the Children’s Law Reform Act (“CLRA”) that sought to create a regime to address such concerns […]

B.J.T. v J.D.: Considerations for Determining the Best Interests of the Child

Departing from the “Natural Parent Presumption” in BJT v JD

SCC to Decide on the "Best Interests of the Child" in International Parenting Orders in F v N

Barendregt v Grebliunas Hearing: Admitting New Evidence in Family Law Cases

Office of the Children’s Lawyer v J.P.B. and C.R.B.: Considering the Best Interests of the Child in International Child Custody Cases

On November 9, 2017, the Supreme Court of Canada (“SCC”) heard the case of Office of the Children’s Lawyer v J.P.B and C.R.B. While judgment has yet to be rendered, it is expected that the SCC will answer the following questions: First, in child custody cases where one parent lives outside of Canada, how should […]