What is the test for maximum contact between the spouses of a married couple in a custody/access matter?
British Columbia, Canada
The following excerpt is from E.D.A. v. M.A.A., 2014 BCSC 1084 (CanLII):
Section 16(10) provides 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.
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