Does a statement by one party that there is an inability to communicate with the other party preclude a joint custody order?
Ontario, Canada
The following excerpt is from Brown v. Brown, 2021 ONSC 1753 (CanLII):
A mere statement by one party that there is an inability to communicate will not preclude an order for joint custody. The court must carefully consider the parties’ past and present parenting relationship as a whole, and not place undue emphasis on their allegations of conflict, or on the conflict existing at the time of trial: see Grindley v. Grindley, supra at para. 211.
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