Canadian attorney Brian Ludmer, founder and primary agent of the Toronto-based firm Ludmer Law, has compiled an extensive summary of new developments in equal shared parenting and maximum contact legislation across Canada. Published in April of 2023 and titled Equal Shared Parenting / Maximum Contact Law Summary 2023, it provides practical insights for legal professionals, parents, and equal shared parenting advocates alike, and it is now available to the general public.
The 28-page memo focuses on the application of the ‘maximum contact principle’, which guides courts in ensuring children maintain meaningful relationships with both parents following a separation or divorce. In the document, Ludmer notes that, while Canadian law increasingly recognizes the benefits of equal shared parenting, implementation varies from province to province, and rulings remain inconsistent. He highlights important challenges such as differing provincial legislation, the discretion of individual judges, and the often subjective evaluation of a child’s “best interests.”
An important theme of Ludmer’s summary is the growing role of scientific evidence in custody decisions. Courts are now more frequently considering research on child development, parental involvement, and parental alienation when considering parenting arrangements. Ludmer explains how evidence from the disciplines of psychology and social science can help to inform more consistent and child-focused rulings, especially in cases involving allegations of parental alienation or disputes over parenting time.
The memo also examines recent and relevant legislative reforms. In several Canadian provinces, courts have explicitly emphasized that equal shared parenting should be considered the default position, except where evidence indicates it would not benefit the child. Brian Ludmer highlights landmark cases that have reinforced this principle, noting that legal clarity is improving but gaps in interpretation still exist.
Equal Shared Parenting / Maximum Contact Law Summary 2023 provides a thorough guide for those seeking to understand the current landscape of equal shared parenting law in Canada. The full 28-page memo is available for review here
In addition to operating Ludmer Law, Brian Ludmer is also a co-author of The High-Conflict Custody Battle, as well as a co-founder of Lawyers for Shared Parenting, an international advocacy group promoting reforms that prioritize children’s relationships with both parents. He has also contributed to several federal and provincial initiatives aimed at codifying presumptions of equal parenting time.