What is the test in which a parent can access their child?
Ontario, Canada
The following excerpt is from Patmanidis v. Patmanidis, 2014 ONSC 4346 (CanLII):
Turning to the subject of access, McLachlin J. (as she then was) explains in Young v. Young, 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3 (S.C.C.), at para. 206: The ultimate test in all cases is the best interests of the child. This is a positive test, encompassing a wide variety of factors. One of the factors which the judge seeking to determine what is in the best interests of the child must have regard to is the desirability of maximizing contact between the child and each parent. But in the final analysis, decisions on access must reflect what is in the best interests of the child.
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