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

As I recently held in Hestbak v. Hestbak, 2012 ABQB 633, I am of the view that while communication difficulties are a concern in custody and access issues, they do not by themselves negate a shared parenting arrangement. The nature, cause and source of the difficulties must be explored. In some cases, shared parenting has the beneficial effect of maximizing contact between each parent and the children (satisfying one of the custody and access objectives under the Divorce Act and as discussed in Botticelli v. Botticelli, 2009 ABQB 556). Determining the best interests of the children is first and foremost a factual determination, not a question of law.