It is precisely to ensure the best interest of the child that the decision making power is granted to the custodial parent, as that person is uniquely situated to assess, understand, ensure, and promote the needs of the child. As I stated at the outset, the custodial parent remains the decision-maker in all aspects of the child's life. It is to avoid the spectre of the child as the field upon which the battle of competing parental rights is played out that the law confirms the authority of the custodial parent. The wisdom of this approach lies in recognizing the ease with which the interests of the child could be obscured or forgotten were courts to get into the business of parcelling out jurisdiction over the emotional, spiritual, and physical welfare of the child between parents who no longer agree. This brings us to the heart of this case, a consideration of the nature of access.
Some courts still award it.
On the other hand, the trend towards respecting or not interfering with the prerogatives of the custodial parent is gaining strength in Canada.