What is the current state of the law on joint custody of a two-year-old child?

Ontario, Canada


The following excerpt is from I.A.P. v. C.W.V., 2008 ONCJ 748 (CanLII):

[56] The mother’s position is difficult either way. The order of November 2007 granted the parties joint custody. We know that the views of a custodial parent “who lives with the child and is charged with making decisions in its interest on a day-to-day basis are entitled to great respect and the most serious consideration” to cites the language used in Gordon v. Goertz, supra. There is no legal presumption in favour of the custodial parent. Here, at the time that the mother decided to relocate (whenever that was), both parents lived with the child and were making decisions in the child’s interests on a day-to-day basis. The views of each parent are entitled to respect and consideration.

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