When will the court award sole custody of Jade for the duration of her relationship with the respondent?
Saskatchewan, Canada
The following excerpt is from Tyson v. Tyson, 2004 SKQB 204 (CanLII):
While the petitioner concedes she has had other relationships, the reality is that from age five to age 12 Jade identified the respondent as his father. This was the longest relationship he had. The petitioner also points to the wording of the interspousal agreement which identified Jade as a “child of the marriage” and the parties’ then mutual intention to have joint custody. In the interspousal agreement Jade was not treated any differently than the other two children. The approach of the parties to Jade was in marked contrast to the treatment in Cook v. Kilduff where the mother received sole custody of all three children with no debate.
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