Is the mother de facto custodial parent of the children in a custody dispute?
Ontario, Canada
The following excerpt is from McDonald v. McDonald, 2006 CanLII 9143 (ON SC):
Furthermore, in Jordan v. Jordan, [2006] O.J. No. 499 (S.C.J.), Shaw J. declared the mother to be the de facto custodial parent, despite the lack of an order or agreement in this regard, based on the fact that the father acknowledged that the mother had been the primary caregiver since the separation. Further, the father was not seeking sole custody of the children.
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