What is the test for a parent seeking access to their child?
Ontario, Canada
The following excerpt is from A.J.K. v. S.L.M., 2003 CanLII 1969 (ON SC):
A parent applying for a change in access must demonstrate that: 1) there has been a change in the condition, means, needs or circumstances of the child or the ability of the parents to meet the needs of the child; 2) which materially affects the child; and 3) that it was not foreseen or could not have been reasonably contemplated by the parties who consented to the terms and the Judge who made the order. See Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27.
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