Is there a presumption of shared parenting?
The case of Ackerman v. Ackerman brought to life some significant features of the Divorce Act and the concepts of custody and access.
The Court of Queen’s Bench to the Saskatchewan Court of Appeal dealt with a mother’s attempt to reverse the trial judge’s ruling of shared parenting between the parties, by conveying to the judge that the parties did not get along and were in a constant state of conflict.
The court acknowledged that the fact that both parties do not get along would factor in to its decision to reverse an order for shared parenting, but that it was not the sole factor when weighing in on a decision to disregard shared parenting. Thus, the court turned its attention to the status quo between the parties.
The status quo tipped the access scales in favor of the mother, but once again, the court stated clearly that evidence of a status quo was only one factor to account for when ruling on an award to set aside the shared parenting plan between the parties.
The father attempted to bring an argument based on section 16 (10) of the Divorce Act which states:
“In making an order under this section, the court shall give effect to the principle that a child of the marriage should have as much contact with each spouse as is consistent with the best interests of the child and, for that purpose, shall take into consideration the willingness of the person for whom custody is sought to facilitate such contact.”
The father argued that the above-mentioned provision in the Divorce Act creates a presumption that courts should rule in favor of a shared parenting plan.
The court rejected the father’s attempt to create a presumption of shared parenting based on section 16 (10) of the Divorce Act. However, despite the judge stating that the status quo stood in favor of the mother, the court ruled that a shared parenting plan should stand and that a troubled relationship between two parties did not prevent the courts from ruling in favor of a shared parenting plan.
To learn more about shared parenting as well as the services provided by Krol & Krol, call 905.707.3370 today.
