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-   -   No Maximum Contact principle in CLRA? (http://www.ottawadivorce.com/forum/f3/no-maximum-contact-principle-clra-21014/)

trinton 05-10-2017 12:43 PM

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..

LovingFather32 05-10-2017 01:11 PM

It's under the Divorce Act:

16(10):

Quote:

Maximum contact
(10) In making an order under this section, the court shall give effect to the principle that a child of the marriage should have as much contact with each spouse as is consistent with the best interests of the child and, for that purpose, shall take into consideration the willingness of the person for whom custody is sought to facilitate such contact.
Divorce Act

Relied on "heavily" by judges in family law.

Quote:

Factors
(8) In making an order under this section, the court shall take into consideration only the best interests of the child of the marriage as determined by reference to the condition, means, needs and other circumstances of the child.


Marginal note:Past conduct

(9) In making an order under this section, the court shall not take into consideration the past conduct of any person unless the conduct is relevant to the ability of that person to act as a parent of a child.

trinton 05-10-2017 01:16 PM

I realize that. But my case is in Ontario Court of Justice (not superior ). my divorce was seperately done in Superior Court under divorce act. My custody/access case is under CLRA in OCJ.

LovingFather32 05-10-2017 01:17 PM

Quote:

Originally Posted by trinton (Post 220434)
I realize that. But my case is in Ontario Court of Justice (not superior ). my divorce was seperately done in Superior Court under divorce act so my custody/access case is under CLRA..

These acts and laws still apply and will be relevant to your case.


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