What is the test for having access to an infant?
New Brunswick, Canada
The following excerpt is from New Brunswick (Social Development) v. K.M.H., 2010 NBQB 439 (CanLII):
In arriving at this conclusion I have had regard to the case of Neill v. Best (1995) 147 N.S.R. (2d) 54 wherein the learned Justice said: Access is not a reward for parenting or for not having custody. It is an active, productive, positive relationship that requires security, knowledgeable care, communication and understanding… Access also should not encourage risk taking and experimentation with the emotional and physical growth of an infant child. It should look for the benefits to the child, not neutral or potentially negative relationships.
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