What is the test for determining parental involvement with regard to the children?
Saskatchewan, Canada
The following excerpt is from S.L.K. v T.R.K., 2015 SKQB 91 (CanLII):
The test for determining parental involvement with regard to the children is the “best interest of the child” test. It was confirmed that maximum contact with both parents is presumed to be in the best interests of the children. In Hladun at paragraph 39 it states: 39 The “best interests of the child” is the test in determining parental involvement whether that involvement be by way of custody or access. (See: Young v. Young et al. (1993), 1993 CanLII 34 (SCC), 49 R.F.L. (3d) 117 (S.C.C.)). By virtue of s. 17(9) of the Divorce Act the best interests of the child is presumed to include maximum contact with both parents. Contact is the child’s right, not the parents’ and where, as in this case, a parent objects to increased contact, the onus is on that parent to rebut the presumption. ...
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