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48   LAWS OF ONTARIO

There is no question that in the unfortunate and often painful cases in which a dispute arises between parents or relatives as to the custody of the child it is the settled policy of our courts to consider the welfare of the child as of paramount importance.

Some misunderstanding as to the respective rights of the father and mother has arisen from the rather unfortunate arrangement of our Act, incorporating as it does some antiquated provisions which were the result of the religious differences of the past centuries with more modern and enlightened enactments, but in its practical operation the law probably gave due protection to the rights of both parents and the interests of the child.

In order to remove any injustice real or apparent and to place the father and mother on an equality in matters relating to the care and custody of their children, an Act was passed at the last Session of the Legislature (1923) expressly declaring that they should be joint guardians with the right to sole guardianship in the survivor.


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