What is the current state of the law in relation to access?
Ontario, Canada
The following excerpt is from Matos v. Driesman, 2009 CanLII 74651 (ON SC):
I adopt, however, the reasoning of Mr. Justice McDermid in Armstrong v. Ruby, [2004] O.J. No. 6145 (S.C.J.) at paragraph 15, where he says that access is a privilege granted to the Father and it must be in the child’s best interests. It is not a right that the Father enjoys absolutely. Mr. Justice McDermid, in Armstrong, supra, then changed the access to a new plan which he said, “…is in Simon’s best interests and that it will also educate the husband to put Simon’s best interests before his own.”
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