1,399
edits
Difference between revisions of "Custody and Access"
Jump to navigation
Jump to search
m
→Interplay Between the Divorce Act and the Family Law Act
m (→Interim orders) |
|||
| Line 248: | Line 248: | ||
Section 16(1) of the ''Divorce Act'' contains the "maximum contact" principle with respect to each parent's access to a child. | 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..." | 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.'' | 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.'' | ||