What is the case law regarding joint guardianship of the children?

British Columbia, Canada


The following excerpt is from A.P. v J.C, 2018 BCSC 1381 (CanLII):

The mother does not seek to vary the joint guardianship provisions of the separation agreement, under which the parties share parenting responsibilities. As noted, she proposes the most generous parenting time possible for the father. There is no evidence of any kind to suggest that she has ever done or said anything deleterious or obstructive to the father’s parenting of the children. The mother is fully supportive of the children’s relationships with the father. Her post separation conduct to date provides tangible support for this conclusion. Notably, she consented to the court order made by Baird J. October 4, 2017, which varied the separation agreement on an interim basis to allow the children to remain primarily with the father pending the court’s decision, in place of the equal time shared parenting schedule in effect under the separation agreement. Her conduct in this respect is a factor militating in favour of finding good faith: Chin v. Hegarty, 2017 BCSC 1321, at para. 40.

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