What is the effect of Turecki v.Turecki on access for the children?

British Columbia, Canada


The following excerpt is from Stewart v. Stewart, 2002 BCSC 904 (CanLII):

That case is clearly distinguishable from this. The mother here was not under any specific duty imposed by the court on her to grant access beyond the normal requirement to grant reasonable access. The father remarried within a year of the divorce, was unable to pay maintenance and asked for some consideration on the part of the mother to tide him over a bad patch. She agreed to this. Then the families drifted apart. The mother was not under any restraint from removing the children from Ontario, and ultimately the children re-established contact with their father. Even on the father’s material alone the facts do not appear to me to justify drawing a parallel to Turecki v. Turecki. With the mother’s affidavit before me I cannot reach the conclusion that Turecki v. Turecki applies.

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