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http://beta.aalf.org/wiki/index.php?title=User:BentleyHaug748&action=history Revision history for this page on the wiki en MediaWiki 1.13.3 Mon, 02 Nov 2026 22:13:21 GMT http://beta.aalf.org/wiki/index.php?title=User:BentleyHaug748&diff=13449&oldid=prev <p>New page: Joint Custody in Divorce There had been a growing trend, in Ontario and wichita, in family and [http://www.mydivorcecase.com/ divorce lawyer wichita], more than the final couple of years...</p> <p><b>New page</b></p><div>Joint Custody in Divorce <br /> <br /> There had been a growing trend, in Ontario and wichita, in family and [http://www.mydivorcecase.com/ divorce lawyer wichita], more than the final couple of years, for loved ones courts to order joint custody of youngsters. The hope, by some, was that the parenting abilities of the parties could be enhanced with awards of joint custody. The recent Ontario Court of Appeal decision of Kaplanis v. Kaplanis, has tried to put this trend into perspective.<br /> <br /> In this selection, the parties had been married in 1998 and separated in January 2002. The parties had a daughter who was born in October 2001. At trial, the father requested joint custody and the mother opposed the application, stating that the parties could not communicate with no screaming at each other. The trial judge granted the parties joint custody and the mother appealed the order. The appeal court set aside the order of joint custody and the mother was granted sole custody.<br /> <br /> The Appeal Court held that, for an award of joint custody to be granted, there need to be some evidence that demonstrates, that regardless of the parents personal powerful conflict with each other, the parties can and have cooperated and communicated appropriately with 1 another. In this case there was evidence to the contrary, there was no expert evidence to aid the trial judge establish how a joint custody order would advance the childs emotional and psychological requirements and the kid was also young to communicate her own wishes.<br /> <br /> Around the identical time this case was decided, the Ontario Court of Appeal also ruled on the case of Ladisa v. Ladisa, exactly where the appeal court upheld the trial judges order of joint custody. In this case the trial judge had the benefit of hearing the evidence of the Childrens Lawyer who presented the childrens wishes and who recommended joint custody. It was held that the trial judge had heard evidence from third parties with respect to cooperation and appropriate communication amongst the parties. The trial judge also looked at the history of co-parenting throughout the marriage and that in spite of their intense conflict, the parties could and had efficiently communicated with every other and placed the interests of their kids ahead their personal, when required.<br /> <br /> To summarize, in Ontario joint custody circumstances, it would appear that the courts will now be looking far more closely for evidence from third party and specialist witnesses, which can demonstrate that the parties can and have cooperated and communicated appropriately and have been in a position to put aside their own differences and conflict, for the benefit of the young children. The lack of historical cooperation and proper communication among the parties will drastically limit the good results of a joint custody application. The assumption by some, that the granting of joint custody will improve the parenting skills of the parties, will not be a adequate reason on its own to grant joint custody, in the absence of current very good cooperation and communication amongst the parties.<br /> reference:[http://www.mydivorcecase.com/ divorce lawyer wichita]</div> Thu, 01 Mar 2012 00:59:40 GMT BentleyHaug748 http://beta.aalf.org/wiki/index.php?title=User_talk:BentleyHaug748