What is the test for a future access order under s. 59(2) of the Child Support Act?
Ontario, Canada
The following excerpt is from Children’s Aid Society of London and Middlesex v. C.M., 2011 ONSC 4399 (CanLII):
I agree with my colleague in Native Child and Family Services of Toronto v. K.W.H.[3] that a determination under s. 59(2) of the Act, regarding whether a parent's relationship is "beneficial" to a child, requires an assessment of that parent's ability to support the child's placement in a permanent home, If the evidence indicates that a biological parent, in subtle or not-so-subtle ways, will not support that child's placement in a permanent home (other than her own) and will put the child in a loyalty bind, then that is a very significant factor in determining whether an order providing for future access should be made.[4]
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