What factors are considered by the Court in deciding whether to award full custody to one or both of the parents?
British Columbia, Canada
The following excerpt is from A.(M.) v. A.(T.), 2001 BCPC 312 (CanLII):
One factor cited under the Gordon v. Goertz case is the amount of disruption that would be caused to the children if custody were awarded to one or the other of the parents; in this case, considering changing custody, for instance, to award it fully to the father. This case is, as I pointed out, different from those where a custodial parent moves away from a parent with limited or less than half-time access. These parents not only have joint custody, but also exercise almost equal access rights. Certainly such a move is less disruptive when the non-custodial parent has exercised less access. In many of those situations, the child entering school would itself naturally limit access of the non-custodial parent to weekends and holidays. Here, as I pointed out, absent the move, the children may still have been able to see both parents about equally.
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