What factors will the court take into account when determining primary residence and shared parenting?
British Columbia, Canada
The following excerpt is from J.E.H. v. P.L.H., 2013 BCSC 752 (CanLII):
As for shared parenting, the court can take into account: • the devotion, love and consideration of the parents notwithstanding the acrimony between them: M.T.J. v. D.M.D., 2012 BCSC 863 at paras. 151-152 • the number of transitions from home to home which the children will face: Merriman v. Merriman, 2012 BCSC 757 at para. 16 • the fact it may not be appropriate or necessary to declare a primary residence. Week on/week off access provides for the important principle of maximum contact with both parents who are devoted to their children. It also reduces the number of transitions during the week and provides certainty for the children and their parents: R.D.L.J. v. D.S.J., 2011 BCSC 1721 at para. 18 • the role each parent has taken in the lives of the children is an important consideration when determining their residence: S.S.L. v. J.W.W., 2010 BCCA 55 at para. 32 • the principal which promotes maximum contact between the children and each parent does not necessarily mean equal time or alternative weeks is the ultimate goal: C.J.D. v. M.R.D., 2004 BCSC 1513 at para. 41
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What factors will the court consider when determining whether or not to grant custody to a parent who has moved to a new location? (British Columbia, Canada)
What is the consequence if one parent deliberately prevents the other parent from exercising parenting time as stipulated in a parenting order? (British Columbia, Canada)
What is the submission of the Respondent on an interim order to order a primary parent to continue as the primary parent of the child pending trial? (British Columbia, Canada)
What are the factors used by courts to determine whether payments by parents to their married children should be considered loans or gifts? (British Columbia, Canada)
Is the Chief Justice of the Court of Appeal of the Supreme Court of B.C holding that the Court has jurisdiction to determine whether a person who is not a party to a particular type of tortfeasor has a valid claim? (British Columbia, Canada)
What are the guidelines a court must apply in a custody matter where the custodial parent is seeking to relocate to a different place of residence with the non-custodial parent? (British Columbia, Canada)
What are the factors used by the courts to determine whether a parent intended to leave the country with their children? (British Columbia, Canada)
What are the factors used to determine whether a parent has a valid parental mobility claim? (British Columbia, Canada)
What is the test for determining which parent should be primary residence? (British Columbia, Canada)
What are the factors used to determine the diligence factor in determining whether to grant an application in a personal injury case? (British Columbia, Canada)
