Why is the Maximum Contact Principle So Important To Parents In A Separation or Divorce in Ontario?

Why Is the Maximum Contact Principle So Important To Parents In A Separation or Divorce in Ontario?

More and more clients are asking for equal parenting time with their children.

There’s no doubt that more parents do have equal parenting time with their children in their separation or divorce over the last few years.

Traditionally, an access parent would only have access to their children every second weekend from Friday night to Sunday night with one overnight during the week, such as Wednesday night to Thursday morning.

Now many parents have equal or shared parenting time that often takes the form of one parent having the children for a full week and then the other parent has the children the following week and this rotating weekly schedule continues on a regular basis.

This is often called parenting time on a “week-about” basis.

Even though this form of shared parenting is certainly more common than it used to be, you have to realize that this parenting time schedule is not automatic in every separation or divorce.

The family court will certainly pay attention to what is called the “maximum contact” principle in child custody and access cases.

The federal Divorce Act states that the family court must give effect to the principle that a child should have as much contact with each parent as is consistent with the best interests of the child.

Here’s the key point:  A parent will only get equal parenting time with their child that is in the best interests of the children.

The ultimate test for child custody and access arrangements is always what is in the best interests of the children.

In other words, the maximum contact principle does not necessarily mean that a parent will get equal parenting time with their children when other factors show that this type of parenting schedule would not in a child’s best interests.

There is no doubt a parent is more likely to get equal parenting time with their children the more involved the parent was with children during the marriage or relationship.

In the next video, I will discuss the factors that the court will consider whether equal parenting time with your children is in the best interests of your children.

If you have any questions about your separation, divorce or family law case and you would like our help, there’s a few ways to contact our office.  You can leave a message on my Facebook law office page or call me directly at 905-434-8837.  We would be happy to speak to you.

Oh, by the way, did you know you can protect your family law rights and get essential information on settling your family law issues with your former spouse with the daily indispensable family law advice and tips at my FREE Facebook group?

Go here to find out more: Durham Region Separation and Divorce Legal Support Group