What is the test for a judge to vary or restrict access to a child?
British Columbia, Canada
The following excerpt is from B.P. v. R.H., 2006 BCPC 412 (CanLII):
In Gordon v. Goertz, McLachlin J. (as she then was) said this at paragraph 25: “The 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. If the child’s needs are likely to be best served by remaining with the custodial parent, and this consideration offsets the loss or reduction in contact with the access parent, then the judge should not vary custody and permit the move.”
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