What is the test for having access to a child by a third party parent?

Nova Scotia, Canada


The following excerpt is from K.L.T. v. M.A.T., 2008 NSFC 16 (CanLII):

The consideration in this case is similar to that where a parent applies for access. That access is the right of the child and that the court’s duty is to protect the child’s interest has been confirmed by the courts in many cases. (see Young v. Young (1993), 1993 CanLII 34 (SCC), 49 R.F.L. (3d) 117 (S.C.C.) - no limitation on access)

In Cooper v. Cooper 2002 Carswell Sask 223, the court gave some guideline as to access schedules which, in the case before the court, are parenting schedules. The goal of any access (parenting) schedule should be to avoid long separations from both parents to minimize separation anxiety and to have sufficiently frequent and broad contact with each parent to keep the infant (or child) secure, trusting and comfortable in each relationship.

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