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Difference between revisions of "Custody and Access"
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Mary and I have comprehensively reviewed
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In general, supervised access is intended to be a short-term solution to a problem, rather than a permanent condition of access. Remember that it is up to the spouse who says someone's access should be supervised to prove why it should be supervised. | In general, supervised access is intended to be a short-term solution to a problem, rather than a permanent condition of access. Remember that it is up to the spouse who says someone's access should be supervised to prove why it should be supervised. | ||
===Interplay Between the ''Divorce Act'' and the ''Family Law Act''=== | |||
Section 16(1) of the ''Divorce Act'' contains the "maximum contact" principle with respect to each parent's access to a child. | |||
Section 40(4) of the ''Family Law Act'' specifically sets out that "...no particular arrangement is presumed to be in the best interests of the child..." | |||
Even if your matter is proceeding under the ''Divorce Act'', the British Columbia Supreme Court in a case called [https://www.canlii.org/en/bc/bcsc/doc/2016/2016bcsc925/2016bcsc925.html?resultIndex=1 ''D.M.L. v. D.B.L''] confirmed that the maximum contact principle is not absolute, and that the court will only give effect to the maximum contact principle to the extent that it is consistent with the best interests of the child. Moreover, in determining what is in the best interests of a child, the court can consider the factors listed in s. 37(2) of the ''Family Law Act.'' | |||
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==Further reading in this chapter== | ==Further reading in this chapter== | ||
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===Links=== | ===Links=== | ||
* [http://www.justiceeducation.ca/programs/online-parenting-after-separation Justice Education Society: Parenting After Separation program] | * [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/pas Justice Education Society: Parenting After Separation program - for BC] | ||
* [http://www.justiceeducation.ca/programs/online-parenting-after-separation Justice Education Society: Parenting After Separation program - for Vancouver] | |||
* [http://clicklaw.bc.ca/resource/1246 Canadian Bar Association BC Branch: Custody and access, guardianship, parenting arrangements and contact] | * [http://clicklaw.bc.ca/resource/1246 Canadian Bar Association BC Branch: Custody and access, guardianship, parenting arrangements and contact] | ||
* [http://clicklaw.bc.ca/resource/1608 Legal Services Society's Family Law Website: Access] | * [http://clicklaw.bc.ca/resource/1608 Legal Services Society's Family Law Website: Access] | ||
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{{REVIEWED | reviewer = [[Mary Mouat|Mary Mouat, QC]] and [[Samantha Rapoport]], April | {{REVIEWED | reviewer = [[Mary Mouat|Mary Mouat, QC]] and [[Samantha Rapoport]], April 15, 2019}} | ||
{{JP Boyd on Family Law Navbox|type=chapters}} | {{JP Boyd on Family Law Navbox|type=chapters}} | ||