If a father has been in residence in this province since at least April 1994, has he been granted access to his children under the Divorce Act, 1985?
British Columbia, Canada
The following excerpt is from Ridout v. Ridout, 1996 CanLII 8433 (BC SC):
16 The father has been ordinarily residence in this province since at least April, 1994, more than one year prior to issuing his petition for divorce. Furthermore, it is my view that if this court makes an order under the Divorce Act, 1985 which concerns custody or access such order supersedes an order made under provincial legislation concerning custody or maintenance because of the paramountcy doctrine: see Hughes v. Hughes (1976) 1 B.C.L.R.
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