I came across this recent case [1.]where the central issue was whether it is in the best interests of the 17 month old child to have access to the paternal grandparents on alternate weekends; some other form of access; or not at all. In conclusion the court held three principles for consideration:
In the result
A graduated alternate weekend access regime for the child over 6 months.
[1.] Stead v. Puritch, 2006 ONCJ 410, (CanLII), http://www.canlii.org/on/cas/oncj/2006/2006oncj410.html
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- First, it is generally in the best interests of the child to have some exposure to her extended family;
- Second, in conflict situations between the parties, the court should examine the reasons why access should be denied. If there are no good reasons, the courts will override the mother’s wishes and order access; and,
- Third, if the court is to deny access, the conduct of the grandparents must be shown to be extremely destructive and severe.
In the result
A graduated alternate weekend access regime for the child over 6 months.
[1.] Stead v. Puritch, 2006 ONCJ 410, (CanLII), http://www.canlii.org/on/cas/oncj/2006/2006oncj410.html
lv
Comment