What is the impact of having a father who has not seen his children for almost nine months on their access schedule?
Saskatchewan, Canada
The following excerpt is from Klinger v Klinger, 2013 SKQB 59 (CanLII):
Due partly to his incarceration and partly to other factors, the father has not seen the children since May 2012. He will remain in jail until at least December 2013. Paragraph 49(7)(b) of Gordon v. Goertz emphasizes consideration of the existing access arrangement and the relationship between the children and access parent. Presumably, the disruption any prospective move would cause to this relationship should also be considered. But here, there has been no access for some nine months, and access for the next ten months will be (at best) very limited. While preserving an access relationship and maximizing contact between the children and both parents are to be fostered in the ordinary course, this situation is anything but ordinary. The acts of the father are what has jeopardized his parental relationship with the children, not the proposed move.
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