What is the test for a joint custody order?

Ontario, Canada


The following excerpt is from Vollmershausen v. Vollmershausen, 2013 ONSC 4273 (CanLII):

The fact that one parent professes an inability to communicate with the other parent does not, in and of itself, mean that a joint custody order cannot be considered. On the other hand, hope that communication between parties will improve once litigation is over does not provide a sufficient basis for the making of an order of joint custody. There must be evidence that, despite their differences, parents are able to communicate effectively with one another. This is necessary because, no matter how detailed a custody order might be, gaps inevitably will occur, unexpected situations will arise, and the changing developmental needs of a child must be addressed on an ongoing basis. Such communication is even more important when the children in question are younger. See Kaplanis v. Kaplanis, supra, at paragraph 11.

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