Open main menu

Clicklaw Wikibooks β

Changes

Custody and Access

164 bytes removed, 23:52, 20 July 2017
Factors in access awards
<blockquote><tt>In making an order under this section, the court shall give effect to the principle that a child of the marriage should have as much contact with each spouse as is consistent with the best interests of the child and, for that purpose, shall take into consideration the willingness of the person for whom custody is sought to facilitate such contact.</tt></blockquote>
This subsection has come to be known as the ''maximum contact principle'', for the obvious reason. HoweverThis principle is not absolute, however. As the idea that the nature and extent Court of a spouseAppeal in [http://canlii.ca/t/h420f ''R. (T.) v. R. (D.)''s time with ], 2017 BCCA 203 recently explained, the maximum contact principle is "tempered by the child fact that contact must still be consistent with in the child's best interests is just as important as the idea that the child should have as much contact with each parent as is possible. It is " For example, it would not be in a child's best interests to have extensive visits with a parent who is abusive, trash-talks the other parent, has poor parenting skills, is addicted to drugs or alcohol, or has a history of being uninvolved in the child's life. The maximum contact principle is tempered by the fact that such contact must be in the child’s best interests. Similarly, If a parent’s parent's past conduct may be taken into consideration where it is relevant to the their ability to act as a parent. See: [http://www.courts.gov.bc.ca/jdb-txt/ca/17/02/2017BCCA0203.htm ''R. (T.) v. R. (D.),'']then that past conduct may be considered.
The following are some of the factors the courts will consider in making an order for access.