Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Sunday, October 10, 2021

Increased Role of Parent Does Not Guarantee Joint Decision-Making Responsibility Award

From Law Times:

A recent case in Ontario decided on the matter of joint decision-making responsibility.

In Khairzad v. Erroussa, 2021 ONCA 667, a couple had separated prior to the birth of their child. Their child had since resided with one of the parties. Father filed a motion for joint decision-making responsibility and increased parenting time based on his increased role in their child's life.

The judge dismissed the motion after finding that mother was a victim of domestic violence from child's father. In the same order, the judge also increased father's monthly child support. Judge noted that child was thriving under primary care of mother, and history of abuse, communication of difficulties, and distrust rendered a joint decision-making arrangement unworkable.

Additionally, for the best interest of the child, an increase of parenting time would be unreasonable.

Read more here.

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