What are the factors used by the courts to determine a parent's right to access?

Nova Scotia, Canada


The following excerpt is from Matthews v. Singer, 2012 NSSC 388 (CanLII):

There are many factors enumerated in case law. Most notably in Foley v. Foley, 1993 CanL11 3400 (N.S.S.C.); Goodfellow J. itemized what is now a well worn list of factors to consider, including: statutory direction, physical environment, discipline, role model, wishes of the children, religious and spiritual guidance , assistance of experts, time availability of a parent , the cultural development of the child, physical and character development of the child by such things as participation in sports, the emotional support to assist the child develop self esteem and confidence, the financial contribution to the welfare of the child and the support of extended family , uncles , aunts grandparents etc, the willingness of a parent to facilitate contact with the other parent. This last refers to the recognition of the child’s entitlement to access to parent and each parents obligation to promote and encourage access to the other parent , the interim and long range plan for the welfare of the children and the financial consequence of custody and any other relevant factors.”

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