What factors will the court consider in determining whether the mother of the child should continue to have access to the child?

New Brunswick, Canada


The following excerpt is from LOT v SLM, 2011 NBQB 216 (CanLII):

I do acknowledge that, everything else being equal, as between the two parents the mother, given her longer history of care giving, would probably better meet E.’s “mental, emotional and physical health requirements and his need for appropriate care or treatment”. But, everything is not equal. The issue of mobility itself brings into even sharper focus many other factors also directly bearing on E.’s emotional and mental health, factors that favor the father’s position: “the views and preferences of the child”; “the effect upon the child of any disruption of the child’s sense of continuity”; “the love affection and ties that exist between the child and each person to whom the child’s custody is entrusted, each person to whom access to the child is granted and, where appropriate, each sibling of the child and, where appropriate, each grandparent of the child”; and “the need to provide a secure environment that would permit the child to become a useful and productive member of society through the achievement of his full potential according to his individual capacity.” These considerations are more fully addressed below within the context of the Gordon v. Goertz framework. b) The existing arrangement and the relationship between the child and the access parent

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