What is the test for having as much contact as possible with one parent under section 16(10) and 17(9) of the Child Support Act?

Ontario, Canada


The following excerpt is from Andrade v. Kennelly, 2006 CanLII 20845 (ON SC):

In Young v. Young, 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3 at pp. 117-18, McLachlin J. also emphasized the importance of “maximum contact” between the child and both parents in assessing the best interests of the child. Both ss. 16(10) and 17(9) of the Act require that "the court shall give effect to the principle that a child of the marriage should have as much contact with each former spouse as is consistent with the best interests of the child". The sections go on to say that for this purpose, the court "shall take into consideration the willingness of [the applicant] to facilitate" the child's contact with the non-custodial parent. The “maximum contact principle”, as it has been called, is mandatory, but not absolute. The Act only obliges the judge to respect it to the extent that such contact is consistent with the child's best interests; if other factors show that it would not be in the child's best interests, the court can and should restrict contact.

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