What is the position of the parties in a custody dispute where access is not in the child's best interests?
Saskatchewan, Canada
The following excerpt is from Renko v. Magotiaux, 2002 SKQB 140 (CanLII):
I agree with Baynton J. that the best interests of a child are presumed to lie with contact with both parents, and that view is consistent with the majority decision in Young v. Young, supra. Access in that context is the right of the child. Where a parent raises that access is not in the child’s best interests, the onus is on the party who submits that access should be denied to rebut the presumption of the benefit to the child. POSITION OF THE PARTIES
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