What is the test for obtaining an access order for a parent who has not shown an affectionate relationship with their child?
Ontario, Canada
The following excerpt is from Children’s Aid Society of Toronto v. T.R., 2017 ONCJ 505 (CanLII):
[133] More is required than just a display of love or affection between parent and child. This is particularly so where there is evidence of a number of other factors and dynamics respecting the parent which have impacted on the child's emotional health and well-being. Even if there are some positive aspects to the relationship between parent and child, that is not enough – it must be significantly advantageous to the child. (emphasis mine) An access order cannot be merely a consolation prize for disappointed adults. See: The Children’s Aid Society of Hamilton v. C.H., 2014 ONSC 3731.
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