When parents are separated, can the children be involved in dangerous activities with each parent?

British Columbia, Canada


The following excerpt is from J.J.C.K. v. M.N.N., 2019 BCPC 63 (CanLII):

The court in Chammout v. Chammout, supra at paragraphs 5 through 7, compares dangerous activities for children when the parents are separated versus when they are not, and at paragraph 5 of that decision, the court writes: Dangerous activities extend along a spectrum: when they are still together as one cohesive family unit, parents can decide, without outsider hindrance, to involve their children in quite dangerous activities ... Paragraph 6: When parents are no longer together, the situation must be approached differently. Each parent who has joint guardianship and custody has, prima facie, the right to have their wishes concerning the children’s activities respected: a parental choice that is unreasonable is as weighty as a reasonable choice. However, where parents have conflicting views of what is in the best interests of their children, and one parent will not accept the other’s veto, the court may be called upon to decide whether a specific parental choice is in the children’s best interests. Paragraph 8: Where the parents’ wishes conflict over a somewhat dangerous activity, the court will presumably have to decide whether the potential danger is overcome by the potential benefit to the children.

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