M. Sirdevan

A mother applied under the Child and Family Services Act seeking to resume access to her child and ultimately pursue an openness order following the Children’s Aid Society’s termination of access.

The child had been made a Crown ward with access, but a lengthy hiatus in visits occurred after the mother ceased exercising access for over a year.

The court considered whether the relationship remained “beneficial and meaningful” to the child, a prerequisite for access or openness arrangements under the statutory scheme.

Given the extended lapse in contact, the child’s developmental needs, and the absence of an ongoing relationship, the court found the statutory threshold was not met.

The application to resume access was dismissed.

The applicant father sought an order for alternating Christmas access with his daughter, including Christmas Eve and Christmas morning.

The respondent mother, who had sole custody, proposed that the father's access begin on Christmas Day afternoon every year to maintain consistency and family traditions.

The court held that the principle of maximum contact required both parents to have an equal opportunity to share the Christmas Eve and morning period.

The court ordered an alternating schedule for 2012 and 2013, with a request for Office of the Children's Lawyer involvement if the parties could not agree on a schedule for subsequent years.