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Difference between revisions of "Custody and Access"
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linked to R.T v. R.D. 2017 BCCA re: "maximum contact" principle
Nate Russell (talk | contribs) |
Sam Rapoport (talk | contribs) (linked to R.T v. R.D. 2017 BCCA re: "maximum contact" principle) |
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This subsection has come to be known as the maximum contact principle, for the obvious reason. However, the idea that the nature and extent of a spouse's time with the child must be consistent with 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 not 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. | This subsection has come to be known as the maximum contact principle, for the obvious reason. However, the idea that the nature and extent of a spouse's time with the child must be consistent with 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 not 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, a parent’s past conduct may be taken into consideration where it is relevant to the 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.),'']. | |||
The following are some of the factors the courts will consider in making an order for access. | The following are some of the factors the courts will consider in making an order for access. | ||