As I pointed out in Sherritt v. Sherritt 2006 ABQB 484 (CanLII) at paras 5 through 9 some consideration must also be given to the quality of the parenting time: 5 The 15-1/2 year old son lives primarily with the mother, but does appear to spend much of his non-school, non-sleeping time with his father. While Counsel and the parties disagree as to whether or not the 15-1/2 year old son spends at least 40% of the time with his father, it appears from the conflicting Affidavits on this point that there is enough proof that the time spent is slightly in excess of 40%. 6 There are basically two ways to determine whether the 40% threshold test has been met - the number of hours spent with each parent; or the number of days. Since this application began, the percentage of time in last three months that the son spent with his father has been less than 40%, but I attribute this to the son withdrawing somewhat from the father due to this pending application. The parties have been discussing this application with the son. 7 Counsel for the wife raises a legitimate issue arguing that the 40% threshold should not solely be determined by the number of hours or days spent by the father with the son; but that there should also be an analysis of the quality and nature of the time being spent. In this regard, Counsel for the wife points out that much of the time being spent by the son with the father is on the football field for football practices. The son is a lineman, and the father is an assistant coach of the team. Other areas of significant time spent by the son with the father is spent playing video games, other board games, and watching certain regular television programs together. The wife also points out that this child needs to be dropped off at school, and that basically she does this almost exclusively. 8 The argument then is that regardless of the amount of hours or days that the child spends with his father, there is not a true shared parenting arrangement here. I agree that much of the time spent between the son and his father is not meaningful parenting time. On the other hand this child is 15-1/2 years of age, and the activities that he partakes in with his mother are probably no more significant or meaningful. The child essentially goes to school, and sleeps at his mother's place. The rest of the time he is either on the football field, studying or engaged in recreational activities. It is difficult from this type of schedule to determine the quality of time that this child spends with either parent, although the primary responsibility for looking after the child has been with the mother traditionally. 9 Accordingly I conclude that the 40% threshold test has been met at least on an Affidavit analysis of the hours and days the child spend with the father. The next question is the calculation of the child support.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.