http://www.canlii.org/en/bc/bcsc/doc...anlii5092.html
This is a case were the parents could not decide on the amount of time.
I think the optimum words that you need to apply are "Where a spouse exercises a right of access to".
http://www.canlii.org/en/sk/skqb/doc...003skqb91.html
in the above, the judge had to pick appart the dad's schedule to determine both how much time he physically had and how much time he would have "a right of access".
http://www.canlii.org/en/ab/abqb/doc...98abqb981.html
In this case, the judge concluded that the parent who would be responsible for the child if sick would be deemed the right of access parent. And who the school or child care provider would call, is considered the parent with the right of access, so you may be able to claim that you meet the 40% threshold.
In all these cases the non-custodial parent had the higher income. You have this on your side as this is not the case for you, so you have two things on your side.
This is a case were the parents could not decide on the amount of time.
I think the optimum words that you need to apply are "Where a spouse exercises a right of access to".
http://www.canlii.org/en/sk/skqb/doc...003skqb91.html
in the above, the judge had to pick appart the dad's schedule to determine both how much time he physically had and how much time he would have "a right of access".
http://www.canlii.org/en/ab/abqb/doc...98abqb981.html
In this case, the judge concluded that the parent who would be responsible for the child if sick would be deemed the right of access parent. And who the school or child care provider would call, is considered the parent with the right of access, so you may be able to claim that you meet the 40% threshold.
In all these cases the non-custodial parent had the higher income. You have this on your side as this is not the case for you, so you have two things on your side.
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