What is the test for having access to a child under the Child Support Act?

Ontario, Canada


The following excerpt is from Meijers v. Hasse, 2007 CanLII 23494 (ON SC):

In Gordon v. Goertz (supra), at paragraphs 108 and 109, McLachlin J. held that: Although the Act makes clear that the best interests of the child are the only consideration to be taken into account in making orders concerning children…, in assessing those interests, a number of factors must be considered, not the least of which is the desirability of promoting maximum contact between the child and the non-custodial parent… Access exists in recognition of the fact that it is usually in the best interests of the child to maintain and foster a meaningful relationship with both parents after divorce or separation. As McLachlin J. notes in Young, supra, at p. 118, research suggests that ongoing contact with the non-custodial parent may mitigate the detrimental consequences of divorce upon children…

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