What is the current state of the law in relation to final access and child support?

Ontario, Canada


The following excerpt is from M.A.W. v. J.A.W., 2013 ONCJ 34 (CanLII):

[28] The parties both submitted (in closing submissions) that they would prefer a final access order that was flexible and worded asreasonable access on reasonable notice, whether in Canada or Jamaica”. The court is content that such an order is in the best interests of the child. The evidence indicates that a specified access order is not required. It is highly unlikely that the issue would have even been before the court, if not for the possible deportation of the mother. The reality is that the mother may be removed shortly from Canada, and the court should not make a specified access order just to frustrate the deportation process, when the terms of access are not in dispute (see my comments in Canabate v. Ayala [2010] ONCJ 54, paragraphs 58-60 and Ffrench v. Williams, [2011] ONCJ 406), paragraphs 119-123. Part Six – Child support

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