What is the test for respecting an agreement between the parties regarding custody and access?
Ontario, Canada
The following excerpt is from Shaikh v. Matin, 2017 ONSC 5842 (CanLII):
The Court is not bound by an agreement between the parties regarding custody or access. Where the parties have reached an agreement, a court should respect the agreement unless the agreement is not in the child’s best interests. See Hartwick v. Stoneham (2000), 2000 CanLII 22522 (ON SC), 8 R.F.L. (5th) 74 (Sup. Ct. J.).
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