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Parenting Issues This forum is for discussing any of the parenting issues involved in your divorce, including parenting of step-children.

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  #1  
Old 08-06-2015, 01:45 PM
everafter everafter is offline
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Default Examples of 40% access

Hi there,

Just wondering what different versions of 40% access looks like, taking into consideration summer break / christmas / etc

Thanks
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  #2  
Old 08-06-2015, 03:04 PM
Links17 Links17 is offline
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I have almost never seen shared custody been awarded where an unequal amount of vacation time was part of it. Its almost always 40%+ based on the week-week arrangement.......
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Old 08-07-2015, 03:02 PM
Serene Serene is offline
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40 % applies to a year according to the law. I've seen cases where it states this excplicitly. And 39% is not 40 %.....
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Old 08-08-2015, 08:52 AM
BitHunter BitHunter is offline
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I don't think there are any specific examples you can use simply, but in my case I pick up d12 every second week Wednesday afternoon from school a drop her off Monday morning at school. The spring break one year with me, the other year with mom, summer and winter break shared ~evenly. This adds up around 40%.
Based on the case law you need to count hours, which makes it fun.
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Old 08-10-2015, 08:21 AM
Canadaguy Canadaguy is offline
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Typically 40% is calculated by overnights, so in a 2 week rotational schedule if the kidlet is with you Tue/Thur overnight plus every other weekend (Fri, Sat night) and goes to other parents Sun night that is 6 out of 14 nights, or 42.8%. If the kidlet stays with you on your every other Sun night it's 50/50.

I don't think most judges count hours of the day, you would have to have a real strong case to consider hours. Remember when calculating the kid only have 365 days a year to share between parents.
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Old 08-10-2015, 02:35 PM
FirstTimer FirstTimer is offline
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Okay, sorry to hijack this thread then what would you consider this.

We have a 4 week rotation. If I was to count overnights, ex gets

11/28 days = 0.3928571428571429
17/28 days = 0.6071428571428571 (me)

is this considered meeting the 40% threshold?


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Originally Posted by Canadaguy View Post
Typically 40% is calculated by overnights, so in a 2 week rotational schedule if the kidlet is with you Tue/Thur overnight plus every other weekend (Fri, Sat night) and goes to other parents Sun night that is 6 out of 14 nights, or 42.8%. If the kidlet stays with you on your every other Sun night it's 50/50.

I don't think most judges count hours of the day, you would have to have a real strong case to consider hours. Remember when calculating the kid only have 365 days a year to share between parents.
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Old 08-10-2015, 03:05 PM
stripes stripes is offline
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Quote:
Originally Posted by FirstTimer View Post
Okay, sorry to hijack this thread then what would you consider this.

We have a 4 week rotation. If I was to count overnights, ex gets

11/28 days = 0.3928571428571429
17/28 days = 0.6071428571428571 (me)

is this considered meeting the 40% threshold?
It looks like 39% and 61% to me, no matter how you do the math. Sorry, it looks like you are just barely under the threshold.

It might be worthwhile to calculate based on the past year, not your standard standard rotation. Because you're so close to threshold, two or three additional nights here or there could make a big difference.
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Old 08-10-2015, 07:52 PM
Links17 Links17 is offline
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In Qubec it is always by hours
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Old 08-10-2015, 08:43 PM
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In Alberta, there is a growing trend to count hours as well.
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Old 08-10-2015, 09:55 PM
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Interesting case from Alberta about counting hours

https://www.canlii.org/en/ab/abqb/do...&resultIndex=1
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