What is the test for the maximum contact principle under s. 16(10) of the Divorce Act?
British Columbia, Canada
The following excerpt is from C.H.T. v. P.V.L., 2015 BCSC 419 (CanLII):
In making an order for custody or access, the court must give effect to the principle that a child of the marriage should have as much contact with each parent as is consistent with the best interests of the child. In applying the maximum contact principle pursuant to s. 16(10) of the Divorce Act, the court is required to consider the willingness of the person seeking custody to facilitate such contact: J.S. v. G.J.S., 2005 BCSC 1373 at para. 39. While the maximum contact principle is a mandatory consideration, the principle is not absolute; the court may limit contact where it is in the best interests of the child to do so: Young v. Young, 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3 at 118-119.
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