Is it in the wife’s interest for her to participate in the facilitation of access?

Ontario, Canada


The following excerpt is from Kaplanis v. Kaplanis, 2003 CanLII 2145 (ON SC):

It struck me that it is not in the wife’s interests to try to communicate and cooperate with the facilitation of access. She would see this as weakening her claim for sole custody, because of the emphasis she puts on their inability to communicate as a justification for a sole custody order. In my view, considerations of the best interests of Victoria, in the context of her extended familial relationships, must not preclude joint custody, merely because the parties, fresh from the wounds of their failed marriage, find it difficult to be civil to each other. See Dagg v. Pereira 12 R.F.L. (5th) and the decisions Bellamy J. referred to in paragraphs [39] to [46].

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