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Difference between revisions of "Custody and Access"
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→Factors in access awards
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<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> | <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. This principle is not absolute, however. As the Court of Appeal in [http://canlii.ca/t/h420f ''R. (T.) v. R. (D.)''], 2017 BCCA 203 recently explained, the maximum contact principle is "tempered by the fact that contact must still be in the child's best interests." 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. If a parent's past conduct is relevant to their ability to act as a parent, then that past conduct may be considered. | This subsection has come to be known as the ''maximum contact principle'', for the obvious reason. This principle is not absolute, however. As the BC Court of Appeal in [http://canlii.ca/t/h420f ''R. (T.) v. R. (D.)''], 2017 BCCA 203 recently explained, the maximum contact principle is "tempered by the fact that contact must still be in the child's best interests." 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. If a parent's past conduct is relevant to their ability to act as a parent, then that past conduct may be considered. | ||
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. | ||
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*'''Preferences of the child:''' The court will consider the wishes of the child once they reach about 10 to 12 years of age, although there really is no magic age and the court will not be bound by the child's wishes. Younger children are generally assumed to be too emotionally and intellectually immature to make a reasoned <span class="noglossary">decision</span> about access. | *'''Preferences of the child:''' The court will consider the wishes of the child once they reach about 10 to 12 years of age, although there really is no magic age and the court will not be bound by the child's wishes. Younger children are generally assumed to be too emotionally and intellectually immature to make a reasoned <span class="noglossary">decision</span> about access. | ||
There really is no standard pattern of access. All of these factors usually get taken into <span class="noglossary">account</span> when an access schedule is designed, and in general an access schedule can be as creative as the flexibility of the spouses and common sense allow. | There really is no standard pattern of access. All of these factors usually get taken into <span class="noglossary">account</span> when an access schedule is designed, and, in general, an access schedule can be as creative as the flexibility of the spouses and common sense allow. | ||
This chapter has a chart of different parenting schedules that accommodate some of these concerns in the section [[Parenting after Separation]]. | This chapter has a chart of different parenting schedules that accommodate some of these concerns in the section [[Parenting after Separation]]. | ||