What is the current state of the law on shared custody?

Ontario, Canada


The following excerpt is from Inosante v. Brooks, 2012 ONSC 150 (CanLII):

The decided cases suggest that courts are more inclined to order shared custody where the parties have actually operated under such a regimen after separation, and the child has adjusted to it (see Caroll v. Staples, [2001] W.D.F.L. 250). Most courts are reluctant to impose divided custody or shared custody where parents cannot agree on such a regimen.

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