In what circumstances will a father be awarded joint custody of a child in his day-to-day care unit?

Nova Scotia, Canada


The following excerpt is from N.D.L. v. M.S.L., 2010 NSSC 68 (CanLII):

In this case although the father agreed to an interim order in which it is stated the primary residence of the child is to be with the wife, that order does not represent the parenting plan he ultimately requests which is joint custody with the child in his day to day care. As a result the arrangement existing since separation should not be used to determine “who is the primary care parent” and thus decide who is the “custodial” parent for use in the Gordon v. Goertz, supra, analysis.

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