What is the test for a court to determine when a parent has access to their child?
New Brunswick, Canada
The following excerpt is from G.S. and D.S. v. A.S. and M.C., 2018 NBQB 80 (CanLII):
What judges must be ever mindful of is the purpose of access: As the ultimate goal of access is the continuation of a relationship which is of significance and support to the child, access must be crafted to preserve and promote that which is healthy and helpful in that relationship so that it may survive to achieve its purpose. Accordingly, it is in the interests of the child, and arguably also in the interests of the access parent, to remove or mitigate the sources of ongoing conflict which threaten to damage or prevent the continuation of a meaningful relationship. (Young v. Young 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3 at para. 61)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What factors will the court consider in determining whether the mother of the child should continue to have access to the child? (New Brunswick, Canada)
What is the test for the court to determine whether or not the court is being asked to step into the role of a parent? (New Brunswick, Canada)
What is the conduct of one parent in accessing the other parent's child? (New Brunswick, Canada)
What is the "best interest" of the access parent in accessing a child? (New Brunswick, Canada)
In what circumstances will the court impute income for the purposes of determining child support? (New Brunswick, Canada)
What is the "best interests of the child" test in determining custody and access? (New Brunswick, Canada)
What is the impact of a father’s actions at a child support hearing on access? (New Brunswick, Canada)
What is the test for determining the quantum of damages awarded by the Court to the Applicant's wife? (New Brunswick, Canada)
What is the case law on the basis of a mother’s argument that a child is entitled to a reduction in the amount of child support if she stops working? (New Brunswick, Canada)
How have the courts in the Republic of Ireland considered the criteria established in other superior court cases for establishing that spouses are living separate and apart under the same roof? (New Brunswick, Canada)
