What is the test for having maximum contact with a child?

Manitoba, Canada


The following excerpt is from Doucette v. Doucette, 2011 MBQB 265 (CanLII):

The “maximum contact” principle mentioned in sub-section 17(9) of the Divorce Act is mandatory but not absolute, that is I am obliged to respect it to the extent such contact is consistent with a child’s best interests. Parental conduct does not enter the analysis unless it relates to the ability of the parent to meet the needs of the child. The ultimate question in every case is this: what is in the best interests of the child in all the circumstances, old as well as new? (Gordon v. Goertz.)

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