What is the test for equal time sharing for children aged five and three years old?
Ontario, Canada
The following excerpt is from Brown v. Kagan, 2018 ONSC 564 (CanLII):
In Coe v. Tope, [2014] O.J. No.3182 (S.C.J.), Pazaratz J., on an interim motion, ordered an equal time sharing arrangement for children aged five and three years old. At para. 31, he stated “Equal time is not an objective in itself. But it can be a tool to promote the objective of maximizing a child’s psychological and emotional bond with each parent.”
In Jackson v. Jackson, [2017] O.J. No.1997 (S.C.J.), Chappel J. ordered a 50-50 time sharing arrangement notwithstanding the primary caregiver’s concern that increasing the other parent’s time with the children would cause them emotional distress. Ultimately, she ordered what is commonly referred to as a 2-2-3 split.
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