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Old 05-10-2017, 11:43 AM
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trinton trinton is offline
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Default No Maximum Contact principle in CLRA?

I am aware of the maximum contact princple in Divorce Act Law.. which LF32 has a thread about here (http://www.ottawadivorce.com/forum/f...eration-18320/)

But it seems this doesn't exist in CLRA. (https://www.ontario.ca/laws/statute/90c12#BK33)

Case law I found on this is :

Quote:
Unlike the Divorce Act, which the Court applied in Young, the CLRA sets out specific factors that the court should consider when determining what is in a child’s best interests. The CLRA does not include the principle that a child should have as much contact with each parent as is consistent with the best interests of the child, as s. 16(10) of the Divorce Act does. Nevertheless, s. 20(1) and (4) of the CLRA require the court, if it finds that maximum contact with both parents is not in the child’s best interests, to explain why this is so.[18]

[85] A significant factor for the Court to consider in seeking to maximize each parent’s contact with the children is the role that the parents’ extended families are likely to play under any parenting regime that the Court imposes.

I'm not really understanding the difference between the two and welcome the members input /opinions re: this..

Last edited by trinton; 05-10-2017 at 11:51 AM.
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