When will joint custody be awarded if the parents cannot communicate?
British Columbia, Canada
The following excerpt is from S.M.K. v. R.K., 2014 BCSC 2216 (CanLII):
Early cases ordering that joint custody would not be awarded if the parents could not cooperate and communicate were specifically disapproved of by our Court of Appeal in Robinson v. Filyk, 1996 BCCA 733. The court stated that legal and factual presumptions have no place in an inquiry into the best interests of a child. Presumptions such as the presumption that joint custody is appropriate only where there is cooperation between the parents, “detract from the individual justice to which every child is entitled” (at para. 22).
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