Ontario Barrister and Solicitor Practice Exam

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What distinguishes "joint custody" from "sole custody"?

Joint custody involves shared decision-making, while sole custody grants one parent exclusive authority

The distinction between joint custody and sole custody primarily hinges on the decision-making authority regarding a child's upbringing. Joint custody involves both parents sharing the responsibility for making significant decisions that impact the child's life, such as education, healthcare, and religious upbringing. This collaborative approach reflects the idea that both parents remain actively engaged in their child's life, contributing to a balanced upbringing.

In contrast, sole custody grants exclusive decision-making authority to one parent. This means that while the other parent may have visitation rights or be involved in certain aspects of the child's life, one parent is primarily responsible for making all significant decisions. This arrangement might be chosen in situations where the other parent is deemed unable to participate in decision-making, which can result from various factors including distance, conflict, or individual circumstances.

The incorrect options highlight misunderstandings about custody arrangements. The notion that joint custody is temporary while sole custody is permanent misrepresents the legal nature of these arrangements; custody can be modified based on the changing needs of the child or family circumstances. Similarly, suggesting that joint custody often involves shared living arrangements fails to capture that shared decision-making can occur regardless of where the child primarily resides. Lastly, the idea that joint custody is usually cheaper than sole custody is misleading, as custody arrangements themselves don't

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Joint custody is temporary, while sole custody is permanent

Joint custody often involves shared living arrangements, while sole custody does not

Joint custody is usually cheaper than sole custody arrangements

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