When will a court order joint custody and equal parenting time and residence with the child?

Yukon, Canada


The following excerpt is from P.J.S. v. R.D.S., 2019 YKSC 54 (CanLII):

It is premature to consider joint custody or equal parenting time and residency at this time. The father’s emotional behaviours that cause harm are not yet under control; his living arrangement is uncertain; and he is not employed. This case is distinguishable from the case of Howard v. Howard, 2006 SKQB 352 provided by counsel for the defendant in a number of ways. The order for joint custody and a parallel parenting plan in that case was made after a custody and access report had been completed and reviewed by the court. At the time of the court application the parents had been separated for approximately three years and during that time they had shared equal parenting time with the child. Joint custody was a continuation of the status quo. Finally there was no evidence in that case of any concerning behaviour by either parent affecting the child. The distinguishing features between that case and the case at bar support the conclusion that an order for joint custody and equal parenting and residence at this time is premature.

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