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FAQs Written by Professionals in Ontario
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"Is joint custody granted only in amicable divorce cases? My ex spouse and I are far from friendly, but there’s no way I want to lose access to my kids."
Custody disputes are perhaps the most difficult aspect of family law. Fuelled by emotion, these disputes tend to drain the participants both emotionally and financially. Attentive to the sensitive nature of these disputes, our courts have attempted to carve out new and innovative ways to diffuse high conflict cases, resulting in several developments in custody law since the Ontario Court of Appeal decision in Kaplanis v. Kaplanis. In Kaplanis, the Court of Appeal made clear that joint custody should not be awarded in high conflict situations. The Court held that joint custody or parallel parenting should only be ordered where parents can communicate effectively. There must be some evidence before the court that, despite their differences, the parents are able to communicate effectively with one another. In the absence of evidence of co-parenting, one parent will be awarded sole custody. Gary Joseph and Michael Stangarone are lawyers with Toronto's MacDonald & Partners family-law firm. They can be reached at (416) 971-4802. View their firm's Divorce Magazine profile. |
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