What is the impact of verbal abuse and intimidation between the parties in joint custody?

Ontario, Canada


The following excerpt is from Brown v. Brown, 2021 ONSC 1753 (CanLII):

I am not confident that the parties’ ability to communicate and cooperate will improve over time. As set out in Cameron v. MacGillivray, 2005 CarswellOnt 8095, joint custody requires a basic level of respect and civility between the parents so that meaningful communication regarding the children can occur. Both parents must have the opportunity to express their views and have meaningful input into the decisions that have to be taken. It is only in this way that the best interests of the child can be fostered. However, communication of this caliber will not occur in an environment or verbal abuse or intimidation. What happens is that the views of the bullying parent prevail,. Whether or not they are in the child’s best interests. No parent should be expected to subject himself or herself to the bullying of a former spouse in the name of joint custody; Cameron v. MacGillivray, ibid, at para. 48.

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