What is the test for having shared parenting in a relationship where there is conflict between the parents?
Nova Scotia, Canada
The following excerpt is from Gagnon v. Gagnon, 2011 NSSC 486 (CanLII):
Conflict between parents does not necessarily mean they cannot be awarded joint custody and shared parenting. That arrangement may be appropriate 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 (N.S.S.C.))
"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
Is a parent's reason for moving to another parent's home not a factor in determining whether or not they were a custodial parent? (Nova Scotia, Canada)
What is the impact of a change in custody of a child of one parent on the relationship of the other parent? (Nova Scotia, Canada)
What factors must be considered when applying the best interest principle to a request for shared parenting? (Nova Scotia, Canada)
What is the impact of a court's decision not to grant shared parenting? (Nova Scotia, Canada)
What is the test for determining a parenting arrangement between parents of a 3-year-old girl and her mother? (Nova Scotia, Canada)
Is there any case law where a child unilaterally ends a relationship with one parent without any apparent reason? (Nova Scotia, Canada)
Does expert evidence need to make a connection between bad parenting and bad parenting? (Nova Scotia, Canada)
What is the test for shared parenting? (Nova Scotia, Canada)
When a child is not residing with the custodial parent on a full-time basis, is the child entitled to half of the table amount of support payable to the parent? (Nova Scotia, Canada)
Is there any case law where a parent has been found to be an objective parent? (Nova Scotia, Canada)
