What is the test for joint custody of a child when there is conflict between the parents?

Nova Scotia, Canada


The following excerpt is from Lubin v. Lubin, 2012 NSSC 31 (CanLII):

Conflict between parents does not necessarily mean they cannot be awarded joint custody if there is sufficient indication of their ability to place the needs of the child before personal needs and to cooperate on issues of vital importance to the child. The role of the court is not to determine which parent is better but to decide which plan for the child’s care will best meet the child’s developmental, educational, health and social needs. (Gillis v. Gillis (1995) Carswell N.S. 517)

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