What is the test for supervised access in a final custody order?

British Columbia, Canada


The following excerpt is from R.A.C. v. V.L.C., 2009 BCSC 825 (CanLII):

R.A.C. argues that supervised access in a final custody order should be a last resort, as it will suggest to the children that he is unable to parent and will confuse them. In this regard R.A.C. relies on S.(R.R.W.E.) v. V.(S.E.D.), 2008 BCSC 1136, 60 R.F.L. (6th) 79 at para. 226; and Mitchell v. Mitchell, 1988 CanLII 8722 (SK UFC), 16 R.F.L. (3d) 462. I note that in the latter case the court suggested that if unsupervised access proves harmful, contact with that parent should be terminated. In the former case, the court allowed for unsupervised access after a period of supervised access where the parent had modified her behaviour.

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