When will a joint custody order be granted?

Ontario, Canada


The following excerpt is from D’Aurizio v. D’Aurizio, 1988 CanLII 4861 (ON CJ):

[20] On a review of the facts in Baker v. Baker, it was the unanimous opinion of the court that the parents were not likely to co-operate in the upbringing of the child; hence an award of joint custody given in the lower court was inappropriate (page 245 [R.F.L.]): In our view, the situation disclosed on the record does not show two parents able and willing to co-operate as loving parents. On the contrary, the findings of the trial judge reveal that these two parents were incompatible and the post-trial proceedings show that they have in fact been unable to co-operate since the judgment. They do not come within the exceptional category of parents in respect of whom a joint custody order is appropriate.

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