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.

Other Questions


When a father dies without any arrears owing on account of maintenance payable to his children when the former husband dies, can the ex-wife's claim be maintained under the provisions of the Testator's Family Maintenance Act? (Manitoba, Canada)
What is the test for establishing an actual residence for 10 months of that 10-month period under the Divorce Act? (Manitoba, Canada)
Can an adult who attends university be considered a child of the marriage under the Divorce Act? (Manitoba, Canada)
Is a child entitled to damages under the doctrine of common law damages under which they are not entitled? (Manitoba, Canada)
What is the test for a parent to have access to their child? (Manitoba, Canada)
What is the test for a parent's right to privacy under s. 7 of the Canadian Constitution? (Manitoba, Canada)
What are the parents' rights under s. 7 of the Charter to security of the person? (Manitoba, Canada)
What is the test for an application for an ex parte injunction under the Domestic Violence and Stalking Act? (Manitoba, Canada)
Is a shareholder's right to access corporate information reviewable on a standard of correctness? (Manitoba, Canada)
Is this kind of action that should be placed under Rule 20A? (Manitoba, Canada)

There are no other similar questions at this time.