What is the test for a parent to obtain access to their child?
Alberta, Canada
The following excerpt is from M.O. v. K.J., 2007 ABPC 176 (CanLII):
The learned Judge goes on to quote Sopinka, J. from Young v. Young as follows: “... a term which, in this context, connotes an adverse defect on the child’s upbringing that is more than transitory. The impugned exercise by the access parent must be shown to create a substantial risk that the child’s physical, psychological, or moral well being will be adversely affected.”
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