February 9, 2023 – Maximum Contact Principle: R.I.P.

“The father invokes the maximum contact principle to substantiate his clam for increased parenting time. As pointed out by counsel for the mother, recent revisions to family law legislation have revoked the maximum contact principle and the notion that the courts should support maximum contact between a child. The focus is instead on the child’s best interests; that a child should have has much time with each parent as is consistent with their best interests. As stated in T.P. v. A.E., 2021 ONSC 6022 at paras 150-151:

150 …. It is in the best interests of a child to have a meaningful relationship with both parents and not to be exposed to conflict or family violence: Pereira v. Ramos, 2021 ONSC 1737, at para 26.

151 While there is no presumption of equal parenting time, the maximum contact principle provides that a child should have as much time with each parent as is consistent with the best interests of the child: Divorce Act, s. 16(6)Bembenek v. Bembenek2019 ONSC 4050Kirichenko v. Kirichenko2021 ONSC 2833.”

            Boucher v. Walker, 2022 ONSC 934 (CanLII) at 47