What is the presumption that access by a non-custodial parent is in the best interests of the children?

Ontario, Canada


The following excerpt is from D.G. v. A-G.-D., 2019 ONCJ 43 (CanLII):

[128] There is a presumption that regular access by a non-custodial parent is in the best interests of children. The right of a child to visit with a non-custodial parent and to know and maintain or form an attachment to the non-custodial parent is a fundamental right and should only be forfeited in the most extreme and unusual circumstances. See: Jafari v. Dadar, [1996] N.B.J. No. 38 (NBQB).

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