What is the test for granting shared custody of a child?
New Brunswick, Canada
The following excerpt is from L. L. v. M. M., 2017 NBQB 234 (CanLII):
There are two fundamental problems with granting shared custody in this case. One is the overwhelming evidence that the mother has been the child’s primary care-giver since birth and the law’s concerns about disrupting that relationship (See: Gordon v. Goertz 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27 at para. 121).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the common law test for shared custody of a child? (New Brunswick, Canada)
What is the test for having shared custody in a high-conflict situation? (New Brunswick, Canada)
When is shared custody not a default option? (New Brunswick, Canada)
What is the test for "express contradiction" between two separate laws on custody of a child? (New Brunswick, Canada)
When a separated spouse is a custodial parent of a child, is the separated spouse considered to be a party to a claim of hardship? (New Brunswick, Canada)
What is the test for a motion judge to award sole custody to the father of the child? (New Brunswick, Canada)
What is the case law on the basis of a mother’s argument that a child is entitled to a reduction in the amount of child support if she stops working? (New Brunswick, Canada)
What is the test for establishing that a child is still a child of the marriage when they are 18 years old? (New Brunswick, Canada)
What is the "best interests of the child" in a custody dispute? (New Brunswick, Canada)
What factors will the court consider in determining whether the mother of the child should continue to have access to the child? (New Brunswick, Canada)
