When an individual provides evidence that there is a terminal illness or a critical condition, and that factor is brought before the court, that would be a factor the court would have to consider in determining what is in the best interests of the child.
So under section 16, it would be one of the factors the court would have to consider. Then under section 17, in undertaking its analysis, if the reason the request for a change to the access provisions was being brought forward was a terminal illness, the individual would have to show that the terminal illness constituted a material change in the circumstances of the child. And then the court would consider that terminal illness or critical condition as one of the factors in determining overall what order would be in the best interests of the child.