What is the test for joint or sole custody of a child?
British Columbia, Canada
The following excerpt is from D.M.H. v. K.L.H., 2003 BCSC 1714 (CanLII):
Every inquiry into custody of children must proceed without a preconceived notion that joint or sole custody is the default position. The individual circumstances of each child must be examined in the context of what is in the best interests of the child. (Robinson v. Filyk 1996 28 3rd B.C.L.R. 22.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a joint custody arrangement is in place and the 40% line has been crossed, is the joint parent required to contribute towards child care costs under s. 9 of the Child Support Guidelines? (British Columbia, Canada)
When a child is attending school away from home, is the child's child entitled to child support? (British Columbia, Canada)
What is the test for obtaining an order to remove a child from the custody of the child and place the child on a permanent basis? (British Columbia, Canada)
What is the test for a non-custodial parent of a child who is not a custodial parent and who would benefit from the sale of the child's mother's property? (British Columbia, Canada)
What is the test for a court to determine custody of a child when the child is in a new community? (British Columbia, Canada)
What is the test for a motion to prevent the return of a child from the custody of a parent who sexually abused the child? (British Columbia, Canada)
What is the test for determining whether a child who has reached the age of majority but attends post-secondary school remains a child of the marriage and is entitled to child support? (British Columbia, Canada)
Can a joint guardianship order be ordered even if there is no cooperation necessary for joint custody? (British Columbia, Canada)
What is the test for determining whether a child is still a "child" when it comes to child support? (British Columbia, Canada)
What is the test for a judge to determine if a child has been removed from the custody of the custodial parent and re-arrested to a different location? (British Columbia, Canada)
