What is the test for respecting the maximum contact principle under s. 16(10) of the Divorce Act?
Ontario, Canada
The following excerpt is from Eustace v Eustace, 2016 ONSC 5004 (CanLII):
The Divorce Act requires only that the trial judge respect the maximum contact principle under s. 16(10) to the extent that such contact is consistent with the best interests of the child. If there are other factors that indicate that such maximum contact would not be in the child’s best interests, the court can and should restrict contact: Young v. Young, 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3.
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