How has access to children been treated under s. 17(5) of the Divorce Act, 1985?

Manitoba, Canada

The following excerpt is from Winkler v. Winkler, 1988 CanLII 5694 (MB CA):

As to s. 17(5) of the Divorce Act, 1985, S.C. 1986, c. 4, I think the majority of this court errs in law in applying the section to access orders. It may be proper that custody, once settled, should not be subject to review without changed circumstances but access is not equivalent to custody. I adopt the words of Kay J. in Evershed v. Evershed (1882), 46 L.T. 690 at p. 691: Access is a thing which can only be dealt with after the question of custody is determined; it means access to children who are in the custody of some other person. Custody is a much larger and more important thing than access.

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