Equal Shared Parenting within child custody law is very much a thriving concept in Ontario. Superior Court Justice W.D. Newton has penned what I believe to be a very important decision: Balke v. O'Connor. Although it was decided on 24 April 2017, remarkably the case has received no further mention other than a brief summary in "Epstein's This Week in Family Law", 2017, Issue #35 (4 September 2017). The decision deserves to have a much wider swath and this blog post is a step in that direction.
Social policy drives child custody laws. . Until now, common "wisdom" has told us that kids are generally better off with one parent primarily; usually that has translated into maternal sole custody.
"We need very clear direction from Parliament to signal to judges and lawyers (and the public) that equal time should be the starting point."