Does a joint custody order need to be made?

[47] The fact that both parents acknowledge the other to be “fit” does not mean that it is in the best interests of the child for a joint custody order to be made: see Kaplanis v. Kaplanis, supra, at paragraph [10].

[48] In joint-custody cases, the evidence should reveal what bonds the child has with each parent “and their ability to parent the child” and the “practical plan to care for the child the father [proposes] when he [has] the child with him and the benefits to the child of such an arrangement”: see Kaplanis v. Kaplanis, supra, at paragraph [10]. I expect that these particular principles are more apt when the court is considering an “equal sharing of the child” custody order (which is not the case here).

[49] “The fact that one parent professes an inability to communicate with the other parent does not, in and of itself, mean that a joint custody order cannot be considered. On the other hand, hoping that communications between the parties will improve once the litigation is over does not provide a sufficient basis for the making of an order of joint custody. There must be some evidence before the court that, despite their differences, the parents are able to communicate effectively with one another”: see Kaplanis v. Kaplanis, supra, at paragraph [11].