Joint custody refers to the physical custody of the child. Each parent must have physical custody of the child or have access to the child at least 40% of the time. Usually, the child lives alternately at one or the other parent's home, sequentially, at fixed and predetermined periods.
Shared custody rather refers to the legal guardianship of the child. Although the child lives, usually, most of the time with one of the parents, both parents share important decisions regarding the child's welfare (health, education).
Majority jurisprudence shows that legal shared custody is generally granted only where there exists a good understanding between ex-spouses, and this despite the fact that the ultimate criteria in family law remains the best interest of the child. The tribunal will therefore evaluate if there exists a good level of communication end mutual respect between the former spouses/parents and a reasonable possibility of their collaborating in decisions concerning the child
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