Can a joint guardianship order be ordered even if there is no cooperation necessary for joint custody?

British Columbia, Canada


The following excerpt is from Dorward v. Fisher, 1998 CanLII 6255 (BC SC):

Joint guardianship may be ordered even where the cooperation necessary for joint custody does not exist. In Johnson v. Lemay, [1988] B.C.J. (Q. (Q.L.) No. 169, Proudfoot J. (as she then was) noted that a sole custody order because the parent is also the sole guardian of the child gives the custodial parent the "paramount right to make decisions affecting the upbringing of the child." However, where there is joint custody or where there is custody but joint guardianship, it was necessary to specifically set out what responsibilities of each parent will be in order that both parents will know exactly "what their rights are in relation to the child" (at p. 32 of 33). In this case, I have concluded that there should be joint guardianship of Jordan. It is in his best interest that his parents share the decision making in the important matters in his life. SHOULD THERE BE AN ORDER FOR JOINT CUSTODY

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