In searching the web for some interesting and informative videos related to the subject of divorce in Canada, I found this one. It’s an interview with a man named Frank Simons who has written a book called: “Courts From Hell — Family InJustice in Canada”.

Now, here’s the thing: the title is highly inflammatory. It practically screams that the author is someone, probably a parent, who has been through a nasty divorce and didn’t like the results. After watching the interview my suspicion was confirmed. However, this is not just some sore loser. This man raises some interesting points that should be considered.

I have not read his book but from what he says he thinks that there should be a presumption of joint custody of children following divorce. In responding to an interviewer’s question he incorrectly identifies joint custody with shared custody but they are not the same at all.

Joint custody refers to the right of both parents to continue to have an equal say in all major decisions effecting he children. It is often spoken of as if it were a right belonging to the parents but it is best thought of as a right belonging to the children. In other words, it recognizes the ongoing right of the children to the benefit of 2 adults contributing their best judgment to decisions made exclusively in the best interests if the children. It does not bestow a right but a responsibility on the parents – the responsibility to put aside petty squabbles and focus exclusively on how they can continue to cooperate in doing what is best for their children.

Shared custody is something else – it refers to sharing the actual time the children spend with each parent. If a child spends less than 40% of the time with a parent, that time is referred to as “access” time. But if it reaches the 40% mark both parents are said to be sharing custody of the child.

Shared custody may be in the interests of the children or it may not be based on a whole range of considerations including how close the parents reside to one another and the extent to which transitioning between two homes will interfere with the children’s activities outside the home.

But I agree that joint custody, joint decision making, is always in the children’s best interests so long as both parents can get over their differences at least enough to allow them to work together for the children’s welfare. This isn’t always the case, but where it is, I agree that the courts should insist on it.

You can watch the interview by clicking below.

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