Legal Question in Family Law in Canada

Re: Access

This reply is applicable only to British Columbia. There is no hard and fast rule; it is anything but a mechanical application of rules. The determination is made after a careful consideration of many factors including the number of children, their ages, genders, history of activities they had with each parent before the separation of the parents, how the parents get along & whether they can cooperate when the welfare of the children is concerned, to name just a few of the more important factors. In all considerations the best interest of the children is considered; this does NOT mean what one or other of the parent thinks is best but what is best for the child. For example, one parent might think it is best to limit contact with the other parent, but if contact was not limited during cohabitation, why should it be limited after separation? It is generally considered best for the children to maximize contact with each parent, even if the parents don't much like the idea. Having said that, each case is usually so unique that no general answer is possible; each situation must be dealt with on its own unique set of facts. The most important factor is tht parents, if they are acting in the child's best interest, will sacrifice their own wants and desires in order to accomodate the child's need and right to see the other parent. What is important to remember is that the parents have few rights; we are talking about the rights of the child, and those include the right to see each parent as much as possible, even if this inconveniences the parents. For advice on a specific situation, please see a lawyer. Many lawyers will provide an initial consultation without charge.