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- The “best interests of the child” is a legal test used to decide what would best protect your child’s physical, psychological, and emotional safety, security and well-being.
www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/family-law/parenting-apart/best-interests
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Jun 26, 2024 · The “best interests of the child” is a legal test used to decide what would best protect your child’s physical, psychological, and emotional safety, security and well-being.
As a substantive right and guiding principle that aims to ensure the enjoyment of all rights in the UNCRC, the best interests of the child speaks to the child's holistic development and requires a rights-based approach that promotes the child's human dignity.
- A Three-Fold Concept
- International Law
- Canadian Law
- Resources
A substantive right - a primary consideration in actions concerning the child due to the child’s dependency, maturity, legal status and often “voicelessness”; An interpretive principle- if a legal provision is open to more than one interpretation, the interpretation which most effectively serves the child’s best interests should be chosen; A rule o...
CRC Article 3(1) - In all actions concerning children,whether undertaken by public or private social welfare institutions,courts of law,administrative authorities or legislative bodies,the best int...
Federal Legislation
Examples of express references to best interests of the child in federal law: 1. Divorce Act , R.S.C., 1985, c. 3 (2nd Supp.), ss. 16(8), 17 -factors (in custody matters) 2. Immigration and Refugee Protection Act, S.C. 2001, c. 27- ss. 25(1), 25.1, 28(2)(c) - humanitarian and compassionate considerations; s. 60 - detention of children ; ss. 67(1)(c), 68(1), 69(2), 167(1), 167(2)-Immigration Appeal Division proceedings 3. Immigration and Refugee Protection Regulations - SOR/2002-227, R. 117(2)...
Provincial and Territorial Legislation
Best interests of the child is contained in many provincial or territorial laws such as family and child protection statues. For example, s. 8 ,Children’s Law Act,1997, S.S. 1997, c. C-8.2 where only the best interests of the child are considered in deciding child custody orders.
Case Law
1. Young v. Young1993 CanLII 34 (SCC), [1993] S.C.J. No. 112 (Q.L.) at para. 102 per Justice L’Heureux‑Dubé says the best interests of the child is a child-centric analysis, and “is the positive right [of the child] to the best possible arrangements in the circumstances of the parties”, and should not focus on harm, although the presence or absence of harm may be an important factor. The test is contextual and future focused encompassing a myriad of considerations. It is “person-oriented” rat...
Senate, Children: The Silenced Citizens: Effective Implementation of Canada’s International Obligations with Respect to the Rights of Children, 39th Parl, 1stSess, Issue 89 (25 April 2007) online.Donna J Martinson, “Children’s Legal Rights in Canada under the United Nations Convention on the Rights of the Child(2016)Suzanne Williams, “Legal Hooks and Springboards to Advance Children’s Access to Justice” (2015)Jan 5, 2024 · Baker v. Canada (Minister of Citizenship and Immigration) was the landmark Supreme Court of Canada decision which stands for the principle that the best interests of the child must be taken into consideration during H&C exemption requests.
Feb 21, 2015 · Best interests of the child defined and explained with examples. Best interests of the child is doctrine used by the court to determine questions of custody.
Mar 13, 2024 · The “best interests of the child” is a principle to ensure government policies safeguard the rights and holistic needs of children. The principle is applied in countries around the world and in all 50 states, the District of Columbia, and U.S. territories for specific decisions regarding children.
Apr 4, 2023 · An agreement or order is in a child's best interests if it protects the child's physical, psychological, and emotional safety and well-being. In other words, the law says that the most important thing is to keep the child healthy and safe. Updated on 4 April 2023.
