When will a court order sole custody in a family law case?

Nova Scotia, Canada


The following excerpt is from C.M. v. R.P., 2010 NSSC 330 (CanLII):

Sole custody, however, is not the only remaining option. A parallel parenting order must also be considered. In Baker-Warren v. Denault, supra, parallel parenting was defined at para. 26, which states as follows: 26 Courts have increasingly embraced the concept of parallel parenting in circumstances similar to the case at bar. A parallel parenting regime is a mechanism which can be employed where there is high parental conflict, and where a sole custody order is not in the child's best interests. A parallel parenting regime permits each parent to be primarily responsible for the care of the child and routine decision‑making during the period of time when the child is with him/her. Significant decision‑making can either be allocated between parents, or entrusted to one parent. Parallel parenting ensures that both parents play an active and fruitful role in the life of their child while removing sources of conflict through a structured and comprehensive parenting plan.

In Baker-Warren v. Denault, supra, the court also indicated that parallel parenting is a remedy which is properly reserved for those cases where neither sole custody, nor cooperative parenting meets the best interests of the child at para. 32.

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