In joint custody situations, all the major decisions for the child are jointly taken by both the parents. Clear and effective communication is such a situation is absolutely vital.
Clear Communication and Cooperation
Clear communication with your spouse is essential for managing your children in a joint custody arrangement. The best interests of the child is the main reason as per which all joint decisions are taken.
What Happens if Effective Communication is not Present?
The absence of clear communication between parents can be a reason for the court to impose a sole custody order in the joint custody situation. Or the parents may end up requesting sole custody themselves if they are unable to resolve their communication issues or cooperate with each other.
When one single parent is entrusted with the legal and physical custody of the child, it is referred to as a sole custody arrangement. The parent having sole custody makes all major decisions for the child.
The other parent who is known as the non-custodial parent has access to the child to spend time with him/ her. This parent has the right to be informed on health, education and welfare of the child even though they cannot make such decisions for the child.
Under the Children’s Law Reform Act, a court can take steps to ensure that the best interests of the child remain protected in joint custody situations.
Joint custody can be allowed only for the couples who have a history of appropriate communication. It is highly unlikely to be ordered in cases, where parents do not communicate with each other.
A detailed written post separation or parenting plan can help in managing any gaps in the custody situations or communication issues. Communication is extremely vital when the children are smaller in age.
In the majority of cases where abrasive communication is present, and no meaningful exchange is taking place between the parents, the court usually prefers awarding sole custody.