Joint Custody in Divorce
byon 07-14-2012 at 11:40 PM (181 Views)
"There had been a growing trend, in Ontario, in family members and divorce law, over the final few years, for household courts to order joint custody of kids. The hope, by some, was that the parenting abilities of the parties could be improved with awards of joint custody. The current Ontario Court of Appeal decision of Kaplanis v. Kaplanis, has tried to put this trend into perspective.
In this decision, the parties had been married in 1998 and separated in January 2002. The parties had a daughter who was born in October 2001. At trial, the father requested joint custody and the mother opposed the application, stating that the parties could not communicate without screaming at each other. The trial judge granted the parties joint custody and the mother appealed the order. The appeal court set aside the order of joint custody and the mother was granted sole custody.
The Appeal Court held that, for an award of joint custody to be granted, there must be some evidence that demonstrates, that in spite of the parents own robust conflict with every other, the parties can and have cooperated and communicated appropriately with one particular another. In this case there was evidence to the contrary, there was no expert evidence to assist the trial judge figure out how a joint custody order would advance the childs emotional and psychological wants and the kid was too young to communicate her own wishes.
Approximately the very same time this case was decided, the Ontario Court of Appeal also ruled on the case of Ladisa v. Ladisa, where the appeal court upheld the trial judges order of joint custody. In this case the trial judge had the benefit of hearing the evidence of the Childrens Lawyer who presented the childrens wishes and who suggested joint custody. It was held that the trial judge had heard evidence from third parties with respect to cooperation and suitable communication between the parties. The trial judge also looked at the history of co-parenting in the course of the marriage and that despite their intense conflict, the parties could and had successfully communicated with each other and placed the interests of their children ahead their personal, when required.
To summarize, in Ontario joint custody situations, it would seem that the courts will now be seeking much more closely for evidence from third party and specialist witnesses, which can demonstrate that the parties can and have cooperated and communicated appropriately and have been able to put aside their own differences and conflict, for the benefit of the young children. The lack of historical cooperation and suitable communication in between the parties will greatly limit the good results of a joint custody application. The assumption by some, that the granting of joint custody will improve the parenting skills of the parties, will not be a sufficient reason on its personal to grant joint custody, in the absence of existing excellent cooperation and communication in between the parties. <a href=http://www.mydivorcecase.com/>divorce attorney in junction city ks[/url]"