When will a joint custody order actually defeat the child's best interests?
Ontario, Canada
The following excerpt is from Paftali v. Paftali, 2020 ONSC 5325 (CanLII):
There have been many cases where it has been recognized that a joint custody order may actually defeat the child’s best interests. As Pazaratz J. stated in Izyuk v. Bilousov: In the wrong family circumstances, a joint custody order can perpetuate hostilities, indecision, and power struggles. Children – particularly children already exposed to the upset of family breakdown – look to their parents for love, guidance, stability, protection, and consistency. They need to have confidence that adult decisions will be made quickly, properly and uneventfully.[28]
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