What is the test for a judge to make a custody and access decision?
Ontario, Canada
The following excerpt is from H.P. v. W.P.1, 2011 ONCJ 159 (CanLII):
[130] Custody and access decisions are inherently an exercise in discretion. Case-by-case consideration of the unique circumstances of each child is the hallmark of the process. This discretion vested in the trial judge enables a balanced evaluation of the best interests of the child and permits courts to respond to the spectrum of factors that can both positively and negatively affect a child. See Van de Perre v. Edwards, [2001] 2 S.C.R. 1014, 2001 SCC 60, 275 N.R. 52, 156 B.C.A.C. 161, 94 B.C.L.R. (3d) 199, [2001] 11 W.W.R. 1, 255 W.A.C. 161, 204 D.L.R. (4th) 257, 19 R.F.L. (5th) 396, [2001] S.C.J. No. 60, 2001 CarswellBC 1999, at paragraph [13].
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