What is the test for maximum contact?

Ontario, Canada


The following excerpt is from Choudry v. Cater, 2018 ONCJ 238 (CanLII):

Further at ¶ 217 of Young v. Young, McLaughlin J. said the maximum contact does not mean daily contact. Nor does it mean that a custodial parent may not move. “Optimum access may simply not be in the best interests of the child for a variety of circumstances.”

And at ¶ 25 of Gordon v. Goertz, she said, “[t]he reduction of beneficial contact between the child and the access parent does not always dictate a change of custody or an order which restricts moving the child”. The benefits served by remaining with the custodial parent and permitting the move may very well offset the reduction of contact.

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