What is the test for parenting time between the parents of a child and a non-custodial parent?

Ontario, Canada


The following excerpt is from Schmidt v. Amy, 2021 ONCJ 523 (CanLII):

[42] There is a presumption that regular parenting time by both parents is in the best interests of children. The right of a child to visit with a non-custodial parent and to know and maintain or form an attachment to the non-custodial parent is a fundamental right and should only be forfeited in the most extreme and unusual circumstances. Jafari v. Dadar, [1996] N.B.J. No. 38 (NBQB).

Other Questions


How is child support calculated when one parent has physical custody of a child and the parents share custody of another child? (Ontario, Canada)
Can a biological parent who is not physically involved in the relationship with the child be considered a non-biological parent of the child? (Ontario, Canada)
Is a parent’s relationship with the other parent of the child beneficial to the 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 determining whether a parent has the prima facie right to move a child from one parent to the other parent's custody? (Ontario, Canada)
What is the test for determining whether or not a parent of a child is entitled to contact with the child's non-custodial parent? (Ontario, Canada)
Can a convicted child luring offender plead guilty in Canada to all charges arising out of his activities of child sexual exploitation and child pornography to the victim's parents in Canada? (Ontario, Canada)
Does a custodial parent have to pay child and spousal support to the non-custodial parent of the child? (Ontario, Canada)
What is the test for determining whether a parent's best interests is to restrict access to a parent who lives in another parent's home? (Ontario, Canada)
What is the test for determining the child's need and the ability of the payor parent to pay child support? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.