What is the test for restoring parenting time under section 61 of the BC Child Support Guidelines?
British Columbia, Canada
The following excerpt is from S.J.E. v. L.M.E., 2016 BCSC 2579 (CanLII):
Section 61 is primarily concerned with restoring parenting time that was denied and not with punishing the past denial: L.S. v. G.S., 2014 BCSC 187 at para. 7. The applicant, in this case, the claimant, must prove that any denial of parenting time was wrongful in all the circumstances. The court ought not to consider evidence of past incidences beyond a 12 month period: Shaw v. Shaw, 2014 BCSC 984.
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