When will a court order joint custody of a young child?
Ontario, Canada
The following excerpt is from Ben-Tzvi v. Ben-Tzvi, 2006 CanLII 25256 (ON SC):
The Court of Appeal, in Kaplanis , stated that where a child is very young, as is Timor, and not able to communicate her needs, it is important that the court consider more carefully whether the parents can communicate and co-operate with each other. Intense conflict between parents is not necessarily a bar to a joint custody order (see Ladisa v. Ladisa (2005)), 1 R.F.L. (6th) 50). However, where the evidence, as here, has not demonstrated that parents are able to co-operate when required, joint custody is not appropriate.
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