What is the test for supervised access?
British Columbia, Canada
The following excerpt is from S.T.F. v R.W.L., 2017 BCSC 1611 (CanLII):
I further note as discussed in Young v. Young, 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3, that the risk of harm to the child, while not the ultimate test to be applied, is significant consideration in determining whether a requirement for supervised access is in the best interests of the child. As McLachlin J. (as she then was) explained in Young: It will generally be relevant to consider whether [the conduct of the access parent] poses a risk of harm to the child which outweighs the benefits of a free and open relationship which permits the child to know the access parent as he or she is.
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