What is the critical time for a minority-time parent to access a child?
British Columbia, Canada
The following excerpt is from Coukell v. Yarschenko, 2013 BCSC 1439 (CanLII):
In Berry, the time spent with the children by the minority-time parent was either marginally above or marginally below 40 per cent, depending on how the calculation was made. However, in Maultsaid v. Blair, 2009 BCCA 102, where the critical time, on any calculation, fell just short of 40 per cent, the court said: There is, in my view, no single method to employ in determining the amount of time a parent has access to their child for purposes of s. 9, given the variety of orders, agreements, and arrangements that exist in parenting situations. However, considering the language used giving the right of access, as it may apply to the criteria of s. 9, and bearing in mind the objectives of the Guidelines set out in s. 1, a judge must make a finding of fact as to the amount of a year in which the access parent has a right to access.
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