What is the test for joint custody of the children?
British Columbia, Canada
The following excerpt is from G.M.H. v. K.H., 2004 BCSC 514 (CanLII):
I am satisfied, and find that the parties should share the joint custody and guardianship of the children. The authorities provide that a cautious approach to orders of joint custody may not be appropriate where the best interests of the children truly demands such an order: See Meldrum v. Meldrum, 2002 BCSC 749 at para. 20. I have reached the conclusion that this is one of those cases. In my opinion, to grant either party sole custody would not be in the best interests of the children, given the power struggle between the parties since their separation over the primary residence of the children.
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