What is the test for having shared custody in a high-conflict situation?
New Brunswick, Canada
The following excerpt is from A.N.H. v. M.K.C., 2010 NBQB 120 (CanLII):
A point I need to address before leaving the issue of custody is that made in the applicant’s Pre-Hearing Brief. The argument is that a shared custody arrangement, in the sense of “parallel custody”, is appropriate even in high conflict situations (at para. 22). The rationale is that “a parent should not be deprived of the opportunity to play an active role in parenting because of an innate inability of the parents to get along” (See: Caulfield v. Wong 2007 ABQB 732 at para. 37).
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