What is the test for joint custody of a child?
Ontario, Canada
The following excerpt is from Klinkhammer v. Dolan and Tulk, 2009 ONCJ 630 (CanLII):
[31] The Ontario Court of Appeal in Kaplanis v. Kaplanis (2005), 194 O.A.C. 106, 249 D.L.R. (4th) 620, 10 R.F.L. (6th) 373, 2005 CanLII 1625, [2005] O.J. No. 275, 2005 CarswellOnt 266, set out the following principles in determining whether a joint custody order is appropriate: 1. There must be evidence of historical communication between the parents and appropriate communication between them. 2. It cannot be ordered in the hope that it will improve their communication. 3. Just because both parents are fit does not mean that joint custody should be ordered. 4. The fact that one parent professes an inability to communicate does not preclude an order for joint custody. 5. No matter how detailed the custody order, there will always be gaps and unexpected situations and, when they arise, they must be able to be addressed on an ongoing basis. 6. The younger the child, the more important communication is.
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