What is the test for having joint custody of a child when there is conflict between the parents?
Nova Scotia, Canada
The following excerpt is from C. D. M. Z v. R. E. H.- Z., 2013 NSSC 242 (CanLII):
Conflict between parents does not necessarily mean they cannot be awarded joint custody. Joint custody may continue to be appropriate if there is sufficient indication of their ability to place the needs of the child before personal needs and to cooperate on issues of vital importance to the child. The role of the court is not to determine which parent is better but to decide which plan for the child’s care will best meet the child’s developmental, educational, health and social needs. (Gillis v. Gillis (1995) Carswell N.S. 517)
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