What is the current state of the law in B.C. on joint custody?

British Columbia, Canada


The following excerpt is from Kwiatkowski v. Kwiatkowski, 2001 BCSC 1149 (CanLII):

It is clear that an existing joint custody arrangement may be preserved where it is in the best interest of the children, even if both parties seek an order for sole custody: see Dorward v. Fisher, [1998] B.C.J. No. 1874. It is appropriate, when considering the best interests of the children to look at the capacity of the parties to cooperate. In doing so, it is important to focus on the present and to distinguish between the inability to cooperate and the unwillingness to do so. III. CUSTODY AND GUARDIANSHIP

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