“The jurisprudence has provided a series of factors to be considered in determining whether or not to make a joint custody order, now termed a decision-making responsibility order, such as:
(a) The parties need not consent to an order for joint custody but before ordering joint custody the court must have some evidence that the parties are able to communicate effectively with each other: see Kaplanis v. Kaplanis (2005), 2005 CanLII 1625 (ON CA), 249 D.L.R. (4th) 620(Ont. C.A.), at para. 11.
(b) Simply relying on allegations of conflict will be insufficient to preclude a joint custody order. The analysis must consider the nature, extent and frequency of conflict. If conflict impacts are as likely to impact on the well-being of the child if the evidence is that the parties have been able to shelter the child from the conflict reasonably well and put the child’s interest ahead of their own, an order for joint custody may be appropriate: see Ladisa v. Ladisa (2005), 2005 CanLII 1627 (ON CA), 11 R.F.L. (6th) 50 (Ont. C.A.).
(c) One parent cannot create problems with the other parent then claim custody on the basis of a lack of cooperation: see Lawson v. Lawson (2006), 2006 CanLII 26573 (ON CA), 81 O.R. (3d) 321 (C.A.), at para. 15.
(d) Where it is necessary to preserve the balance of power between the parties, particularly cases where both parties are caring and competent parents, but one party has been primarily responsible for the conflict, joint custody versus sole custody may be appropriate: see Khairzad v. Macfarlane, 2015 ONSC 7148, 72 R.F.L. (7th) 436 and Fraser v. Fraser, 2016 ONSC 4720.
(e) In determining whether a reasonable measure of communication and cooperation is in place and is achievable in the future the court must consider the source of the conflict, consider whether one parent is creating the conflict and engaging in reasonable conduct, impeding access, marginalizing the other parent or by other means and then claim sole custody of the basis of lack of cooperation communication: see Khairzad v. Macfarlane, 2015 ONSC 7148, 72 R.F.L. (7th) 436.”