What is the test for obtaining an access order for a parent who has not shown sufficient affection for their child?
Ontario, Canada
The following excerpt is from Catholic Children’s Aid Society of Toronto v. M.F., 2016 ONCJ 576 (CanLII):
[108] More is required than just a display of love or affection between parent and child. This is particularly so where there is evidence of a number of other factors and dynamics respecting the parent which have impacted on the child's emotional health and well-being. Even if there are some positive aspects to the relationship between parent and child, that is not enough - it must be significantly advantageous to the child. An access order cannot be merely a consolation prize for disappointed adults. See: The Children’s Aid Society of Hamilton v. C.H., 2014 ONSC 3731.
[109] The court must consider whether the relationship is beneficial and meaningful to the child at the time of the hearing. Considerations of openness should not be imported into this analysis. See: Children’s Aid Society of Toronto v. A.G. 2015 ONSC 6638. 6.2 Analysis
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for obtaining an access order for a parent who has not shown an affectionate relationship with their child? (Ontario, Canada)
What is a parent's obligation to comply with access order if the child wishes to stay with the access parent? (Ontario, Canada)
Can a court vary a custody and access order where the child spends the preponderance of time resident with the custodial parent, with access to the non-custodial parent for a shorter time period? (Ontario, Canada)
What is the test for obtaining an Order to grant access to the children of a parent who has appealed against the order? (Ontario, Canada)
How is child support calculated when one parent has physical custody of a child and the parents share custody of another child? (Ontario, Canada)
Is a non-custodial parent of a child entitled to regular access to the child by one parent? (Ontario, Canada)
What is the test for obtaining a temporary order for child support from a stepparent where the allegation is that that that parent stood in the place of a parent? (Ontario, Canada)
Is a parent’s relationship with the other parent of the child beneficial to the child? (Ontario, Canada)
Does a custodial parent have to pay child and spousal support to the non-custodial parent of the child? (Ontario, Canada)
When will a court order an interim order to place a temporary order on a temporary parent? (Ontario, Canada)
