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Old 05-30-2017, 02:05 AM
trinton trinton is offline
Join Date: Feb 2016
Posts: 1,681
trinton has a little shameless behaviour in the past

hehe. Reminds me of those last-page math test questions from the good ol' school days.

I did mention he must subtract any weekends that would fall on the holidays. We don't know whether his summer weeks would cross his or one of the mother's summer weekends. I know in some cases father gets to pick his weeks in odd/even years and mother in the alternate year. Father could pick his weeks on mom's weekends and mom will pick on father's weekends.. only fair solution would be to average out the 2 years..

Seems overnight method is yielding higher percentage in his situation.

By giving him an overnight on Wednesday's you're basically counting Wednesday visits as a 24 hours visit when really, he is only getting 18 hours. Ultimately, you are giving him a "free" 6 hours every week which adds up to 312 hours in 52 weeks or 13 free overnights.

You are however, taking 4 hours every other week by taking Sundays away completely as they are not "overnights". Friday 3pm to Saturday 3pm would be 24 hours and Saturday 3pm to Sunday 3pm would be the other 24 hours. Child goes back on Sunday 7pm so there's that 4 hours of lost time. In the end, you are giving him an extra 312 hours and you are taking 102 away ultimately giving him an extra 208 hours or 8.6 or 9 overnights. 9 overnights in a year is an extra 2.5%.

If I took out the weekend hours from his summer access in my calculation (the hourly method) then he would be at approx. 28%.

This is the first time I'm hearing about the overnight method. Rioe - are you aware of any case law w.r.t the overnight method?

I have been aware of the "daily" method. With that method, depending on your schedule, one method could yield more hours. I think this was recently discussed here:

[25] Let me offer this example from the parenting arrangement I ordered in respect of FB to show why an hourly calculation – and not, for example, a daily calculation – is more fair. In circumstances where a child is dropped off at school or (as here) at day care by one parent (let’s say “Dad”), and picked up from school or day care by the other parent (“Mom”), a daily calculation might be unfair and unreflective of the allocation of true parental caring and responsibility between the parties. Depending upon the child’s age, Dad may well have made an important contribution in preparing the child for her day, including waking her, ensuring that he or she is appropriately washed and dressed, and preparing breakfast and perhaps lunch. When the child reaches school age, Dad may have also had to help her with last-minute issues like locating homework and seeing to her on-time departure for and arrival at school. Should that time not be recognized in calculating time for the purposes of Section 9? I think it should. Yet, a daily-based calculation in favour of Mom for that day would undervalue Dad’s important parenting time that morning.
In a situation similar to my present situation (i.e., Wednesday day access but no Wednesday overnights), the overnight method would literally wipe out all non-overnight access.

I second Rioe's suggestion with respect to extending Thursdays, etc and 50-50. Check out this page regarding 2-2-5-5 shared custody schedules Of course, this is under the assumption that you haven't agreed to that access schedule (i.e., 4 days on Christmas school break, etc) on a final basis.

Last edited by trinton; 05-30-2017 at 02:38 AM.
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