In the recent Superior Court Yetman v Tenaglia decision, the court considered the following to make a nesting order:
1) both parents being equally at fault and not being able to separate the issues between them from the best interests of the children.
2) the children not being in any danger from either one of the parent.
3) both parents have been and are involved with the children and have played an important role in children’s life.
4) status quo since separation, living in the same house, communicating regularly in a civilized and respectful manner, and collaboration between parents to provide the children with consistent care.
http://www.canlii.org/en/on/onsc/doc/2016/2016onsc579/2016onsc579.html