What is the test for setting off a child with a parent who has each child more than 40% of the time?
British Columbia, Canada
The following excerpt is from IPC v. MCL, 2013 BCPC 64 (CanLII):
In my view, under Guidelines s. 9 and having regard to the principles in the case of Contino v. Leonelli-Contino, 2005 SCC 63 (CanLII) it would be fair to use the straight set-off approach as each parent has each child more than 40 percent of the time.
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