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Droit de la famille - 15130, 2015 QCCA 215 (CanLII)

Published under Child custody, Family law

The Issue: Shared custody 18 month child.  Complete Decision.

The facts: A father appeals a judgement refusing shared weekly custody of the 18 month daughter.  The father had parental capacity.  The trial judge establishes gradually increasing access rights to arrive at shared custody (7/14 days) in 2018 when the child is 5 years old.

Decision: Appeal granted. The judge omitted to explain why the slow gradual increase in access rights and how they benefited the interest of the child in waiting until 2018 they became shared.