Joint Custody in Divorce
Below is a MRR and PLR article in category Society -> subcategory Divorce.

Joint Custody in Divorce
In recent years, Ontario has seen an increasing trend in family courts awarding joint custody in divorce cases. The goal has been to potentially enhance parenting skills through shared responsibility. However, the Ontario Court of Appeal's decision in Kaplanis v. Kaplanis offers some clarity on this trend.
In this case, a couple who married in 1998 and separated in 2002 had a daughter born in 2001. The father requested joint custody, but the mother opposed, citing their inability to communicate without conflict. Despite granting joint custody at trial, the decision was appealed, and the court eventually awarded sole custody to the mother.
The Appeal Court emphasized that for joint custody to be granted, evidence must show that parents can cooperate and communicate effectively, despite any existing conflicts. In this instance, the evidence suggested otherwise, with no expert testimony supporting how joint custody would benefit the child’s emotional needs, and the child was too young to express her own wishes.
Around the same time, in the case of Ladisa v. Ladisa, the Ontario Court of Appeal upheld a joint custody decision. Here, evidence from the Children's Lawyer, who presented the children's preferences and recommended joint custody, played a significant role. The trial judge considered third-party testimonials about the parents' cooperation and communication and noted a history of effective co-parenting during the marriage.
In summary, Ontario courts now look rigorously for third-party and expert evidence demonstrating parents' ability to cooperate and communicate in the best interests of their children. A history of cooperation is crucial for a successful joint custody application. Merely assuming that joint custody will improve parenting skills is insufficient without existing evidence of good collaboration.
You can find the original non-AI version of this article here: Joint Custody in Divorce.
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