What is the meaning of the "maximum contact" principle?

Nova Scotia, Canada


The following excerpt is from Smith v. Wilkins, 2011 NSSC 432 (CanLII):

Gordon v. Goertz 1996 CanLII 191 (S.C.C.) refers to the desirability of maximizing contact between a child and its parents. This, too, stems from the Divorce Act. At paragraph 24 of her reasons, Justice McLachlin explained “The [Divorce] Act only obliges the judge to respect [the “maximum contact” principle] to the extent that such contact is consistent with the child’s best interests; if other factors show that it would not be in the child’s best interests, the court can and should restrict contact [citation omitted]”. The goal is not maximum contact, but the maximum contact that is in the child’s best interest.

In Gordon v. Goertz 1996 CanLII 191 (S.C.C.) at paragraph 25, the majority said if a child’s needs are likely best served by staying with one parent “and this consideration offsets the loss or reduction in contact with the access parent”, then I should permit the move. I should, of course, acknowledge the principle that maximum contact with both parents is generally in the child’s best interest.

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