May 3, 2022 – BEHAVE BADLY AND YOU WON’T GET IT!
Gene C. Colman Introduction: We continue to highlight Prof. Nicholas Bala’s recent article on Shared Parenting. While Prof. Bala does not support a rebuttable presumption in favour of Equal Shared Parenting as does yours truly, he is a highly respected legal scholar who is super knowledgeable on all matters “family law”. He expertly brings together an analysis of recent cases under the revised federal Divorce Act and the revised provincial legislation. He seems to tentatively suggest that some form of “shared parenting” is the wave of the future. HIs article is most surely worth a read by lawyer and layperson alike. Where you see bolded and italicized text – that’s me. The headings are mine too. The words themselves are Prof. Bala’s unless I indicate otherwise.
EXCERPTS FROM “THE 2021 CANADIAN PARENTING REFORMS: IS SHARED PARENTING THE NEW NORMAL?”
By Prof. N. Bala and Y. Ebsim,
Page 27 BEHAVE BADLY AND YOU WON’T GET IT!
A mere assertion by one parent that the parents are unable to co-operate should not preclude an order for shared parenting; instead the entire parenting relationship must be examined. Communication and cooperation skills do not need to be perfect. However, as observed by Justice Sherr in L.B. v. P.E., an order for joint decision-making should not be made where there is not “some modicum of trust and respect to make a joint decision-making responsibility order viable for a child.” Co-operation is unworkable in situations of abuse or intimidation, or where there is a lack of respect and defensive behaviors between the parents.