Outcome: Orders Made
Facts
1 The parties married in October 2011 and were divorced in August 2022. They have a 4-year-old child and the Father’s appeal concerns the length of time for unsupervised access.
Court's Decision:
2 Supervised access is sometimes necessary when the child has been estranged from the parent seeking access. The idea is to help the parent and child develop a relationship that had once been cold. Supervised access is a necessity and not an order to be made as a precaution when there are no indications that it is needed.: at [5].
3 Access is not a privilege or luxury to the parent seeking access. It is a matter of beneficent activity, not just for the parents, but for the child. Divorced parents must be encouraged to accept that a growing child with access to both parents will likely develop into a happier, healthier one than a child of a single parent.: at [6].
4 It is hard to judge the veracity of the appellant and respondent without having a trial in which their evidence is tested. Given the young age of the child, and the seriousness of the allegation, an allegation that must be established with a greater degree of certainty than what is available at present, this matter must be remitted to the trial judge to receive the new evidence and determine if he needs to revise his decision.: at [9] and [10].
The full text of the decision can be found here.
This summary is provided to assist the public to have a better understanding of the Court’s judgment. It is not intended to be a substitute for the reasons of the Court. All numbers in bold font and square brackets refer to the corresponding paragraph numbers in the Court’s judgment.