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.