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Maximum Contact Principle: An Important Consideration

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  • #46
    Originally posted by Beachnana View Post
    Oh. And here I'm thinking I was having a blonde seniors moment ( i'm both) lol
    LOL that's what I experienced.

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    • #47
      Here's a great article from psychology today:

      Edward Kruk:  "Child Custody, Access & Parental Responsibility"


      Although shared parenting provides a number of benefits to children, it is equal parenting that is the optimal arrangement for most children of divorce. This includes children caught in the middle of high parental conflict.
      Recent research has shown that conflict is reduced in equal parenting households, from the perspective of both children (Fabricius, 2011) and parents (Bauserman, 2012), and in cases where inter-parental conflict is not reduced, equal parenting seems to ameliorate most of the negative effects of such conflict on children (Fabricius, 2011).
      There is a direct correlation between quantity of time and quality of parent-child relationships, as high quality relationships between parents and children are not possible without sufficient, routine time to develop and sustain a quality relationship. And children’s adjustment is furthered by primary relationships with both mothers and fathers
      For children, primary attachment bonds are not possible within the constraints of “access” or "visitation."
      Quality of parent-child attachments is also largely dependent on the well-being of parents. Parent well-being is furthered with equal or shared parenting, as neither parent is threatened with the loss of his or her children (Bauserman, 2012). The highest rate of depression among adults is among parents who have a dependent child but are unable to maintain a meaningful relationship with that child.
      parental conflict goes down with joint custody. He found that in almost all areas of comparison, joint custody was associated with better parental adjustment rates.
      Meaningful relationships are developed and sustained through emotional connectedness, and this is made possible through the emotional stability and security of meaningful (fair and equal) parenting time.
      studies have consistently reported that joint custody parents report significantly less burden and stress in their lives than sole custody/primary residence parents, as sole responsibility for day-to-day attention to the child’s needs is not placed on either the mother or the father
      The marked imbalance in parental satisfaction levels between primary residential and equal parenting arrangements does not bode well for the exercise of parental rights and responsibilities after divorce, as one parent remains at a significant disadvantage in regard to quality of life and well-being. Parental quality of life is an important and significant determinant of the quality of parent-child relationships; optimally, both parents’ interests vis-à-vis their children should be satisfied.

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      • #48
        Another case where mom abducts child from home, leaving a father scratching his head.

        [13] Counsel for the mother urged the court to “leave the status quo until such time as the Society could fully investigate the father’s abuse.” Counsel for the mother understood the status quo to be a situation in which the father would have no unsupervised access to their youngest daughter, whom the mother had surreptitiously removed from the home on December 25th, 2014. She asked for a decision that is “respectful of T.’s safety.”
        The mother became on high alert and began getting an itchy dialing finger for agencies such as CAS after the father wrote, what she called a derogatory separation notice.

        Following is the notice which prompted the mothers actions:
        I invite you to participate and respectively join me in finding the common ground for a safe, nurturing and loving framework of living that will ensure a positive development for our daughters, C. and T. Let’s work together to draft a settlement agreement that will reflect this framework for our children and create a good foundation for us to move on.
        The next part only those of us who have experienced can relate to:
        [22] For the next four days the father went out of his mind with worry. He had no idea where T had been taken.
        I feel your pain buddy. Primitive action taken by the other parent. This needs to be DISCOURAGED!!

        Pertaining to the Maximum Contact Principle, the judge had this to say:

        [69] Much can be said on the obligation of a parent to foster and protect a child’s relationship with the other parent. A custodial parent has a particular duty to do so as set out in section 24 of the Children’s Law Reform Act R.S.O. 1990, c.12. Section 16(10) of the Divorce Act promotes maximum contact between children and each of their parents.

        [70] The end of a spousal relationship does not terminate the parent – child relationship. Nor does it terminate a child’s fundamental need for love, attachment and the support of each parent. A parent who intentionally removes the other parent from his or her child’s life commits an abuse upon the child.

        [71] Ms. Ene’s actions since December 25, 2014 can only be interpreted as her personal, perhaps even panicked response to the breakdown of the marriage. At some point she formed a view that her interests were best protected by having T. in her primary care. It simply cannot be said that she has acted with a view to T.’s best interests. The prospect of a normalized relationship between father and daughter has not calmed her, but rather has escalated her fears, and the projection of those fears upon her young daughter.

        [72] The rate and number of allies that Ms. Ene has launched into this action – before even the close of pleadings – does not bode well. The fact that she continued to escalate after the father agreed on January 14th that she would be the primary caregiver is concerning. She has left the court with a view that she will tolerate nothing short of a total exclusion of the father from her own life, and that of the daughter that she was able to take under her control on December 25th.
        It's a pretty good read.

        Can be found here: Ene V Ene

        CanLII - 2015 ONSC 867 (CanLII)

        LF32

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        • #49
          Originally posted by LovingFather32 View Post
          It's a pretty good read.

          Can be found here: Ene V Ene

          CanLII - 2015 ONSC 867 (CanLII)

          LF32
          I'd say! It is an excellent read. Excellent find LF32!

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          • #50
            Thanks LF32 for posting, I will be using this judgement for reference if my custody case for toddler son goes to trial.

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            • #51
              [70] The end of a spousal relationship does not terminate the parent – child relationship. Nor does it terminate a child’s fundamental need for love, attachment and the support of each parent. A parent who intentionally removes the other parent from his or her child’s life commits an abuse upon the child.
              What about when a court reduces a parent's role to a 4 days visitation every month?
              What kind of "presence" does a father have in the life of their child when reduced to that type of access - NOTHING.....

              How is that what a mom does "ABUSE" and a judge doing it as "best interest's of the child". The hypocrisy of the family law system is boundless. Its only legit when a judge does it.... BS.

              Just keep note, the mother LOST nothing by doing these reprehensible things. She still has shared custody.... A father who ABUSED who is child would NOT get shared custody.

              Being satisfied with this justice is true house ni**a mentality.

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              • #52

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