What factors are considered in the application of joint custody and guardianship?

British Columbia, Canada


The following excerpt is from P.J.C. v. J.M.D., 2003 BCSC 611 (CanLII):

In addition, guidance is to be found in the case law. In Poulin v. Poulin, [1993] B.C.J. No. 1054, Mr. Justice Parrett commented upon the application of such factors to the consideration of joint custody and guardianship as follows at para. 19: For joint guardianship and joint custody to work there must be a level of mutual respect, an ability to communicate, and the vision to see, independent of their own interests, the best interests of the children. Where these qualities are present, the parents can function jointly while minimizing their own conflict to ease the burden imposed on and the adjustment required of the children. Such a process maintains the relationship with both parents, but the key to its success is the absence of the conflict between the parents which adds immeasurably to the difficult adjustments faced by the children. Where these qualities are absent, joint custody and joint guardianship is a recipe for disaster, placing the children at the centre of the conflict, prolonging it and removing any process of effective decision making.

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