What is the test for granting shared custody of a child?

New Brunswick, Canada


The following excerpt is from L. L. v. M. M., 2017 NBQB 234 (CanLII):

There are two fundamental problems with granting shared custody in this case. One is the overwhelming evidence that the mother has been the child’s primary care-giver since birth and the law’s concerns about disrupting that relationship (See: Gordon v. Goertz 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27 at para. 121).

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