What is the test for having access to a parent who has a history of domestic violence?
Yukon, Canada
The following excerpt is from H.L.M. v. J.J.P, 2005 YKSC 3 (CanLII):
However, the onus is on the father to establish on the balance of probabilities that his access to the child is in the best interests of the child. I am not satisfied that the father’s access to the child is in the best interests of the child as there is no evidence from the father that addresses his violent behaviour in the presence of the child. See Dixon v. Hinsley, [2001] O.J. No. 37 at paragraphs 56 – 62 for the references to case law denying access to a parent where there is a history of spousal abuse or violence.
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