What is the test for establishing that the respondent has physical custody of Tylar?

Saskatchewan, Canada


The following excerpt is from Probert v. Andres, 2008 SKQB 361 (CanLII):

The respondent has the onus of establishing that he exercises his right of access or has physical custody of Tylar at least 40 per cent of the time. (See: Jarocki v. Rice, 2003 SKQB 91).

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