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What joint custody really means

Get the facts and look out for your child's best interest

By Michael Berman, Barrister and Solicitor

History of joint custody
In the past, if separating parents could not get along or communicate in any meaningful way, judges were reluctant to order joint custody. The courts are now willing to impose on parents the obligation to cooperate around decision-making and to order joint custody even in situations where communication is at a very low level. It is the responsibility of the parent resisting that outcome to prove that joint custody is not in the best interests of the child.

A starting point these days is to assume joint custody and joint guardianship is best for the children. Not all parents agree, but research has shown clearly that the children do best when both parents cooperate and participate in important decisions affecting their children's lives.

50/50
A common model of joint custody is where the child spends equal or nearly equal time with each parent. One example is what I call the "week on, week off" model. I recommend it, in most cases, and the children need not be very old to receive benefit from this arrangement provided parents live in close proximity to the children's school. This model works well in many situations when the switchover occurs on Friday afternoons after school. The child takes a larger knapsack with him or her to school and the parents need not have face-to-face contact at the time of the switchover.

Do you have a question about family law? Just ask Michael Berman, our family law consultant.

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