Can a joint guardianship order be ordered even if there is no cooperation necessary for joint custody?

British Columbia, Canada

The following excerpt is from Dorward v. Fisher, 1998 CanLII 6255 (BC SC):

Joint guardianship may be ordered even where the cooperation necessary for joint custody does not exist. In Johnson v. Lemay, [1988] B.C.J. (Q. (Q.L.) No. 169, Proudfoot J. (as she then was) noted that a sole custody order because the parent is also the sole guardian of the child gives the custodial parent the "paramount right to make decisions affecting the upbringing of the child." However, where there is joint custody or where there is custody but joint guardianship, it was necessary to specifically set out what responsibilities of each parent will be in order that both parents will know exactly "what their rights are in relation to the child" (at p. 32 of 33). In this case, I have concluded that there should be joint guardianship of Jordan. It is in his best interest that his parents share the decision making in the important matters in his life. SHOULD THERE BE AN ORDER FOR JOINT CUSTODY

Other Questions

Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
In what circumstances will a judge order a joint custody order? (British Columbia, Canada)
What is the test for a court to order custody of a child where there is no prior order for permanent custody? (British Columbia, Canada)
Is a desk order pronounced on February 28, 2011 a dismissal of a request for a custody order and a support order? (British Columbia, Canada)
Can a non-custodial parent in B.C. apply for joint custody after a period of time? (British Columbia, Canada)
What are the rights and responsibilities of a joint guardianship order? (British Columbia, Canada)
What is the effect of a joint custody order on a child where the parents share the same duties, rights and responsibilities? (British Columbia, Canada)
What is the proper remedy in a common law common law relationship where the parties acquired a joint home as joint ownership of Crowe Road jointly owned by the parties? (British Columbia, Canada)
How have the courts in BC dealt with issues of joint custody and guardianship? (British Columbia, Canada)
When will a judge order joint custody? (British Columbia, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.