What is the test for joint parenting in a joint parenting situation?
British Columbia, Canada
The following excerpt is from Cizmic v. Cizmic, 2015 BCSC 1430 (CanLII):
In S.S.L., Huddart J.A. held that in joint parenting situations where one or both parents’ needs (economic, educational or personal) are seen as requiring a change, the court’s task is to analyze the evidence in four possible scenarios: primary residence with a parent in the new or present location, or joint physical custody in the new or present location. This is to be considered without presuming that the current care-giving and residential arrangement is the preferred one, as the status quo should not be the default result. It must not be assumed that one parent cannot move. Similarly it is not appropriate to rely on any assumptions as to what the parents will actually do depending on the decision of the court: Stav v. Stav, 2012 BCCA 154 [Stav] at para. 130.
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