Issue: Criterion considered to satisfy shared custody. Decision: The Court reiterates the criterion for shared custody, namely: The needs of the child; the parental capacity to meet the needs of the
Our justice system places great value on an individualistic approach where the rights of the individual must be recognized and upheld. The problem with this approach, is that traditional litigation
Issue: Parental conduct & custody. Decision: The conduct or lifestyle of the parents will only be issues in dispute and will only be relevant if they have consequences on the
Issue: Appeal of custody orders. Decision: An appellate court may only intervene in the decision of a trial judge if he or she erred in law or made a material
Issue: Change of custody because of a move. Decision: The weight of judicial authority supports a court allowing a move that is proposed in good faith and not intended to frustrate
Issue: Availability & custody. Decision: The Court states that the availability of a parent is « one of the important elements to consider in the custody time»
The Issue: Child maintaining close relationship with both parents. Decision: The interest of the child commands a priori that the child have a relationship as close as possible with his
Issue: How should the custody and access rights to the children be established? Decision: The Court must evaluate the modalities of child custody to be awarded in function of the