There had been a growing trend, in Ontario, in family and divorce law, over the last few years, for family courts to order joint custody of children. The hope, by some, was that the parenting skills of the parties could be improved with awards of joint custody. The recent Ontario Court of Appeal decision of Kaplanis v. Kaplanis, has tried to put this trend into perspective.
In this decision, the parties were married in 1998 and separated in January 2002. The parties had a daughter who was born in October 2001. At trial, the father requested joint custody and the mother opposed the application, stating that the parties could not communicate without screaming at each other. The trial judge granted the parties joint custody and the mother appealed the order. The appeal court set aside the order of joint custody and the mother was granted sole custody.
The Appeal Court held that, for an award of joint custody to be granted, there must be some evidence that demonstrates, that despite the parents own strong conflict with each other, the parties can and have cooperated and communicated appropriately with one another. In this case there was evidence to the contrary, there...
To view and download this full PLR article, you must be logged in. Registration is completely free. Once you create your account, you will be able to browse, search & downlod from our PLR articles database of over "1,57,897+" on 1,000's of niches and 200+ categories without paying a penny. Click here to signup...
