Actor Josh Lucas (42) and his wife Jessica Ciencin Henriquez, 28, a freelance writer have split after only 22 months of marriage. The couple has one 19-month old son, Noah.
The marriage was not the only short part of their relationship. In fact, everything about their relationship has either been "fast" or "fast forward." After meeting in a dog park in 2011, the couple became engaged after dating for only six weeks, and married at the Conservatory Garden in New York City in March, 2012. Noah was born in June 2012.
Having the baby was a risk for Jessica, who was battling cervical cancer when she met Josh. Jessica revealed doctors advised her to have a hysterectomy when she learned she was pregnant, however she chose to have the baby anyways. Jessica explains, "Every morning that I wake up with Josh and Noah, I'm even more assured that it was the right decision for me."
Earlier this month, Jessica posted several Tweets to her Twitter account that foreshadowed the announcement of her split such as, "I once saw an astrologer. He said that January/February would be the hardest months of my life. He wasn't wrong."
As of now, there aren't any details on why Jessica filed for divorce and Josh's representative refused to comment. However, rumours have spread that the couple's love at first sight may have just been lust at first sight. So if this scenario played out in Ontario? What would this mean for baby Noah?
Historically in Ontario, the "Tender Years Doctrine" was applied in divorce cases where very young children were involved. This was a layover from the 19th century. The doctrine presumes that during a child's tender years, the child should remain in the care of the parent they are primarily attached to, which is most often the mother. If this were the law in New York City today, Josh would have a difficult time getting custody of Noah.
In Ontario, the Tender Years Doctrine ended in the mid-1970s and has been replaced with "the best interests of the child" test in Ontario, which acknowledges that children can thrive under the care of multiple caregivers.
Ontario law recognizes that a child of the marriage should have as much contact with each spouse as is consistent with the best interests of the child and, for that purpose, courts shall consider the willingness of the person for whom custody is sought to facilitate such contact. Pursuant to the Divorce Act, the court shall consider only the best interests of the child of the marriage as determined by reference to the condition, means, needs and other circumstances of the child.