What are the factors used by the courts in deciding whether to order supervised access?

Ontario, Canada


The following excerpt is from V.B. v. M.M., 2016 ONCJ 98 (CanLII):

[18] As noted by Blishon J. in Jennings v. Garrett, supra at paragraphs 135 - 140, the factors most commonly considered by the courts in terminating access and often equally applicable when deciding whether to order supervised access are the following: 1. Long term harassment and harmful behaviours towards the custodial parent causing that parent and the child stress and or fear. 2. History of violence; unpredictable, uncontrollable behaviour; alcohol, drug abuse which has been witnessed by the child and/or presents a risk to the child's safety and wellbeing. 3. Extreme parental alienation which has resulted in changes of custody and, at times, no access orders to the former custodial parent. 4. Ongoing severe denigration of the other parent. 5. Lack of relationship or attachment between noncustodial parent and child. 6. Neglect or abuse to a child on the access visits. 7. Older children's wishes and preferences to terminate access.

Other Questions


What factors will the court consider in deciding whether to grant police access to the relevant evidence? (Ontario, Canada)
What is the flow chart for the court to consider in deciding whether to vary a temporary supervision order? (Ontario, Canada)
In what circumstances can a court order full access to the home of a husband who has been ordered to move with his children to his parents? (Ontario, Canada)
In what circumstances will the court order supervised access to the children of a vulnerable mother? (Ontario, Canada)
What factors will be considered by the Court in deciding whether to grant a motion to remove the mother of her children? (Ontario, Canada)
What is the test for a court to determine if a parent who has been ordered to pay child protection funds for the past 10 years will not comply with the terms of the court order? (Ontario, Canada)
What factors are considered by the Court in deciding whether to allow a plaintiff to sue for damages in a separate action against a landlord? (Ontario, Canada)
How has the court considered control and access to the area in question in determining whether the public had access and invited to use the area on the private property for parking purposes? (Ontario, Canada)
When will a court order an interim order to place a temporary order on a temporary parent? (Ontario, Canada)
What factors must the court consider when deciding whether or not to grant custody of a child to an adoptive parent? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.