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Difference between revisions of "Custody and Access"
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Nate Russell (talk | contribs) |
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<blockquote>"It is now clear that legal and factual presumptions have no place in an enquiry into the best interests of a child, however much predictive value they may have. The Supreme Court of Canada has stated absolutely clearly that such presumptions detract from the individual justice to which every child is entitled."</blockquote> | <blockquote>"It is now clear that legal and factual presumptions have no place in an enquiry into the best interests of a child, however much predictive value they may have. The Supreme Court of Canada has stated absolutely clearly that such presumptions detract from the individual justice to which every child is entitled."</blockquote> | ||
Further, our Supreme Court of British Columbia commented on ''Robinson'' in a 2010 case called ''[http://canlii.ca/t/2f34j B.T. v. B.L.]'', 2010 BCSC 1813 saying that the courts have since "moved away from presuming that if parties have difficulty communicating, joint custody is not appropriate," suggesting that there may in fact be an unspoken, unlegislated presumption in favour of joint custody. | |||
Whether parents have joint or sole custody depends more on their relationship and approaches to parenting than it does on how much time each parent has with the children. A parent can see the children only on every other weekend, or live in another province altogether, and still have joint custody with the other parent. Joint custody is not about an equal sharing of the children's time. | Whether parents have joint or sole custody depends more on their relationship and approaches to parenting than it does on how much time each parent has with the children. A parent can see the children only on every other weekend, or live in another province altogether, and still have joint custody with the other parent. Joint custody is not about an equal sharing of the children's time. | ||