What is the test for extending a parent’s time under the Child Support Act?

Ontario, Canada


The following excerpt is from Children’s Aid Society of Ottawa-Carleton v. K.F., 2003 CanLII 67559 (ON SC):

[54] This is not a case where, as in Children and Family Services for York Region v. A.W. and M.M., supra, a parent has demonstrated to the court that, during the time that the child has been in care, a willingness on a capacity for change. This is not a case where a plan had been underway but delayed, for example, by the waiting list for subsidized housing or that a course of counselling treatment, or a program of parenting skills had been undertaken, but not yet completed. This is a case where a parent, who has never even shown enough commitment to exercise access to his child, asks this court to accept at trial that he will now follow through on a plan of care. On the basis of the reasons as set out above, and a consideration of the factors set out in subsection 37(3), I do not find it to be in A.L.’s best interest to exercise my discretion and extend the time, pursuant to subsection 70(4) of the Act.

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