What is the test for a non-custodial parent to have unfettered access to their children?
Ontario, Canada
The following excerpt is from Lundy v. Taylor, 2018 ONSC 3372 (CanLII):
“Absent such harm, a noncustodial parent ought to be able to exercise unfettered access to the children,” paragraph 23: Fruitman v. Fruitman 1998 CarswellOnt 1941 and at paragraph 24, “[T]he burden is upon the party who asserts that “harm” is occurring or likely to occur on the balance of probabilities. I am of the view that a court ought to exercise great care and diligence before determining that “harm” has or is likely to occur by reason of the exercise of access. Domestic, custody and access trials are normally acrimonious and the parties often take extreme positions.”
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