When will the court establish an equally shared temporary residence structure for the children?

Ontario, Canada


The following excerpt is from Basley v Basley, 2016 ONSC 5877 (CanLII):

In Easton v. McAvoy, supra, the motion judge established an equally shared temporary residence structure. Some of the important factors set out by Renaud J. were expressed in this way: 29 In considering what temporary solution is in the best interests of these children, the court looks at all the needs and circumstances of the children, which include the following largely uncontradicted facts: 1. both parents have a strong bond with the children; 2. the parents have each had a significant, if not entirely equal, parenting role in the care and upbringing of the children since they began cohabitation; 3. both parents appear committed to the well-being of the children; 4. the views and preferences of the children cannot yet be ascertained independently; 5. the not insignificant time the children have lived in a stable home environment, which environment has included both parents; 6. the expressed ability and willingness of each parent to provide the children with guidance and necessaries of life; 7. the fact that the parents' respective plans for the children each have some strengths but also suffer from the inevitable difficulty that the separation has just recently occurred and some time is to be permitted to allow the situation to stabilize … …

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