What is the test for joint custody?

British Columbia, Canada

The following excerpt is from Geric v. Geric, 1998 CanLII 4221 (BC SC):

This is not a proper case for joint custody. Such an order should not be made in the absence of good communication between the parents and a willingness to co-operate with each other in the care and control of the children: Stewart v. Stewart [1994] 2 R.F.L. 53 (B.C.C.A.). The affidavit evidence discloses that the parents are unable to effectively communicate with each other on access issues. There is not sufficient flexibility in the approach of either one of them to matters relating to their parenting that would make joint custody workable. Mediation last year does not seem to have improved the situation. The father sees the mother as being unwilling to consider increased access for selfish reasons. The mother says that the father throughout their relationship has been "didactic and domineering". She keeps her communication with him to a minimum and mostly in writing. Joint custody is clearly not appropriate.

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