Custody – Parent v Other

Subsection 24(2)(h) of the Children’s Law Reform Act that outlines a number of factors determining the best interest of the child, requires the court to consider the child’s relationship by blood or through the adoption order between the child and each person who is a party to the application. It should be noted that the section does not create a presumption in favour of biological parents. Often the applicants for custody in a court proceeding are biological parents making the…