5 Ways to Make Joint Custody Work

We all know that Divorce or Separation is a difficult process for parents but is especially so for the child(ren). There are various child custody arrangements that former spouses may consider, with Joint Custody being among the most common.

What Is Joint Custody?

Joint Custody is not to be mistaken with Shared Custody, where the child is with both parents equally. The distinction centers around how decisions are made for the child.
 
Joint custody of a child is commonly understood as meaning that both parents will share in the decisions concerning the child’s care, education, religion, medical treatment and general welfare1. However, only major decisions are made jointly, meaning that day-to-day decisions such as deciding what’s for supper or what movie to watch do not demand the input of the other parent – could you imagine.
 
Here are 5 ways in which parents going through separation can make joint custody work:

1. Best Interests of the Child

The sole factor to be considered in making a custody order is the best interests of the child2, viewed from the perspective of the child. Everything relates back to this principle, as it is of extreme importance when dealing with custody. So long as both parents acknowledge, hold important, and act in their child’s best interests, a joint custody arrangement may be appropriate3.

2. Cooperation

If both parents cannot reasonably cooperate and communicate with one another, the purpose of joint custody would be defeated. It is crucial that both parents have a common understanding that personal interests be set aside when making decisions for their child, so that joint custody may work4.

3. Maximum Contact

Under the Divorce Act, the Court is said to give effect to the principle that a child of the marriage should have as much contact with each spouse, consistent with the child’s best interests5. It is in the child’s best interests to maintain attachment, bonding and stability with both parents, the lack of which would be detrimental. Thus, maintaining maximum contact with the child is yet another way to make joint custody work.

4. Non-Abusive

Even where one parent has been primarily responsible for the conflict, joint custody has often been awarded over sole custody in cases where the parties are shown to be both caring and competent parents6. It may be difficult to make joint custody work in cases where one parent has a recurring history of abuse.

5. Choose the Right Lawyer

Finally, ensure that you do your research to find a child custody lawyer that will serve your unique needs. The family lawyers at Sutherland Law can assist former spouses with making the right decision for their child(ren) by guiding you along each step of the way. Contact us for more information!

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1Homer H. Clark, Jr., The Law of Domestic Relations in the Unites States s. 19.5, at 815 (2d ed. 1988)

2Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.)

3 Nicholson v. Nicholson, 1979 CarswellOnt 3864 Hoffman v. Hoffman, 2013 CarswellOnt5 S. 10 of Divorce Act6 Hoffman v. Hoffman