When will a court order joint custody?

The fact that parents have been in conflict does not necessarily mean that an order for joint custody is inappropriate. In Gillis v. Gillis (1995) CarswellNS 517 the court determined that conflict between parents does not necessarily mean they cannot be awarded joint custody if there is sufficient indication of their ability to place the needs of the child before personal needs and to cooperate on issues of vital importance to the child. The role of the court is not to determine which parent is better but to decide which plan for the child’s care will best meet the child’s developmental, educational, health and social needs. Although a shared custody arrangement may require more contact between parents than does a joint custodial arrangement, I consider the same principles to apply.