What is the test for a consent order for joint custody of a child?

British Columbia, Canada


The following excerpt is from K.D.G. v. J.F.W., 2005 BCSC 115 (CanLII):

In James v. Page [1990] B.C.J. (Q.L.) No. 2693 (B.C.S.C.), there had been a consent order for joint custody with the day-to-day care of the child with the mother and specified access to the father. But there was a dispute between the mother who professed the Anglican faith and the father who was associated with the Jehovah Witness sect. Dealing with the question of whether there could be joint decision making, Cooper J. concluded: I conclude that the effect of the joint custody order was to share those rights such that the parent having the care of the child for the time being should have the full custodial rights during such periods. .... In the result then, I find that the plaintiff, during the exercise of her day to day care of [their son] shall have the sole right to make decisions relating to his care and upbringing, health and medical care, education and religious training. The defendant, during his exercise of his specified access shall have the sole right to make the same decisions relating to the child. In my view, this division of custodial rights and responsibilities are and will be in the best interests of the child while and so long as the parties continue to communicate and co-operate in the care and upbringing of the child. (at pp. 3-4)

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