What is the test for maximum contact between the spouses of a separated couple in a custody/access matter?
British Columbia, Canada
The following excerpt is from M.T. v. C.J.B., 2015 BCSC 1852 (CanLII):
Section 16(10) provides that the court in making an order for custody or access "shall give effect to the principle that a child of the marriage should have as much contact with each spouse as is consistent with the best interests of the child and, for that purpose, shall take into consideration the willingness of the person for whom custody is sought to facilitate such contact". While maximum contact is a mandatory consideration, the principle is not absolute. The court may limit contact where it is in the best interests of the child to do so: Young v. Young, [1993] 3 S.C.R. 4.
"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 is the test for maximum contact between the spouses of a married couple in a custody/access matter? (British Columbia, Canada)
What is the value of the contributions made by the spouses to the other spouse after the separation? (British Columbia, Canada)
How have the courts in BC dealt with the issue of separation in the context of separation and separation? (British Columbia, Canada)
Is a spouse entitled to an occupation rent from the other spouse who remains in the residence after separation? (British Columbia, Canada)
Is there any case law in which there is a presumption that a spouse who has two children by prior marriage has a valid will for the purposes of making a will that includes a will containing a will which also contains the children of two separate spouses? (British Columbia, Canada)
What is the test for a spouse who wishes to separate from their spouse? (British Columbia, Canada)
Is a spouse entitled to a spouse's pension as a capital asset as a result of the other spouse’s absence of other assets in favour of the pension? (British Columbia, Canada)
What is the difference between the contributions made by spouses to the acquisition, preservation and maintenance of property by one spouse and the other? (British Columbia, Canada)
Is there any case law in which a spouse has been granted a reapportionment in favour of their spouse to allow them to retrain to work? (British Columbia, Canada)
What is the test for establishing that a spouse wishes to separate permanently? (British Columbia, Canada)
