What is the test for joint custody and guardianship?
British Columbia, Canada
The following excerpt is from Creighton v. Creighton, 1997 CanLII 693 (BC SC):
It is common ground that the existing order giving the petitioner primary care, with joint custody and guardianship, is an interim one and that neither parent has the advantage of the rights associated with the custodial parent to decide where the children should live. This application is concerned only with what is in the best interests of the children, with no presumptions operating in favour of the primary care parent (unlike Gordon v. Goertz [1996] 2 S.C.R.) 27, especially since both parents are excellent and equally involved in and concerned for their children's welfare.
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