What is the common law test for shared custody of a child?
New Brunswick, Canada
The following excerpt is from GES v FC, 2012 NBQB 165 (CanLII):
“Where a spouse exercises a right of access to, or has physical custody of, a child for not less than 40% of the time over the course of a year”, child support is determined under the shared custody formula(s) set out in Section 9 of the Child Support Guidelines and in accordance with the principles and factors discussed in Contino v. Leonelli-Contino 2005 SCC 63.
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