What is the result of the second of the arguments in a custody action brought by the mother against the father?

With respect to the second of the mother’s arguments I am satisfied, on a consideration of all the evidence, that the father has consistently exercised a right of access to, and has had physical custody of, the children for not less than 40 percent of the time in each year. In this regard, I note that a tight accounting of how much time a child has spent with the parent is not necessarily the correct way to assess whether or not s. 9 criteria have been satisfied. The assessment can be made in the broader context of the parenting arrangement: Berry v. Hart, 2003 BCCA 659, 21 B.C.L.R. (4th) 142.