The following is an effort to provide a non-exhaustivelist in the most basic and summary of fashions of the laws that apply to custody and access in Ontario.
- The primary principle, the primary directive if you wish, is incorporated in section 24 of the Children’s Law Reform Act, the best interest of the child.
- Joint custody: one should look at the Ontario Court of Appeals decision of Kaplanis 2015 and Giri v. Wenteges One needs:
- Evidence of historical communication between parents.
- Not ordered in the hope joint custody will improve communication.
- Just because both parents are good, does not mean joint custody is correct.
- Just because one parent says we cannot communicate is not a bar to joint custody.
- The younger the child,the more important communication is.