What is the test for joint custody of a child and what is the impact of the text messages between the parties?

Ontario, Canada


The following excerpt is from Di Bratto v Sebastiao, 2015 ONSC 1996 (CanLII):

This is not a case, such as that in Hoffman v. Hoffman, [2013] O.J. No. 289 (S.C.J.) where the parties “are able to focus jointly on [the children’s] best interests” or where “[n]either parent has demonstrated conduct calculated to alienate the children from the other.” In the present case, the parties’ level of communication has been, as stated above, abysmal. The text messages indicate an inability by the parties to discuss or agree on the smallest issue and are characterized by extreme lack of trust. Indeed, as noted above, the parties are not even able to agree on a method of communication. They have required numerous interventions by the police, child protection authorities and the courts. Over the past two years, since these proceedings began and the parties separated, their custodial relationship has been micro-managed by the case management justice, and joint custody would only prolong that state of affairs.

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