When will a court grant joint custody of a child?

Ontario, Canada


The following excerpt is from Mudie v. Post, 1998 CanLII 14883 (ON SC):

As I said in Kaemmle v. Jewson, A joint custody order, on the other hand, has a psychological advantage of allowing parents to feel that they are participating equally in the life of their child and have the right to make some important decisions affecting their child’s future. Joint custodial parents may be prepared to accept that they cannot determine what school the child will attend if they know that they can provide religious instruction during their care and control period, or enjoy such other rights as being able to obtain school and medical records without the frustration of having to go through a sole custodial parent. Thus, communication between parents does not become a necessary concomitant to a joint custody regime since decisions on important issues, such as schooling, religion, medical treatment, etc., will devolve upon that parent who has specified care and control of the child when he or she is attending school, going to church, and visiting the doctor.

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