In the K. v. K. 2015 Ontario Superior Court of Justice decision, an excellent discussion on the factors considerated in custody matters is found. The Honourable Justice Jarvis provides a rich overview of the law in this area, which will serve to be of great assistance to parties and litigants.
The court makes it clear that no matter how desirable an order for joint custody might be, sole custody will likely be ordered where there is evidence that meaningful communication cannot happen between the parties. Especially if the children are young, the parties are unlikely to be awarded joint custody if both parties are equally blameworthy for the extreme conflict between them.
Although, expert evidence may assist in custody matters, factors found in section 24(2) of the Children’s Law Reform Act provide a useful guide in custody determinations:
1) love, affection and emotional ties;
2) views and preferences of children;
3) length of time in a dtable home environment;
4) ability and willingness to provide guidance and education;
5) proposed care and upbringing plans;
6) permanence and stability; and,
7) parental ability