Sole or Joint Custody
The Court also has the authority to order sole or joint custody.
Sole custody refers to when only one parent can make major decisions with respect to the child. Joint custody gives each parent the right to have an input into major child related decisions. Joint custody does not necessarily mean that parents share equal time with the child. However, sometimes that might be the case. Joint custody refers to the legal decision making and not the residential arrangements.
As outlined in subsection 16(9) of the Divorce Act and subsection 24(3) of the CLRA, a parent’s conduct will only be considered by the court if the conduct is relevant to the ability of that person to act as a parent of a child. Physical violence is an aspect of conduct more likely to be taken into account in custody and access matters.