What is the test for a primary care parent in a post-divorce relationship?
Nova Scotia, Canada
The following excerpt is from Whalen v. Whalen., 2010 NSSC 432 (CanLII):
My comments in MacInnis v. Kennedy supra, at paragraph 25 are on point: 25 The court must also be cautious when assessing how credit for parenting time can be lost. Structure and predictability are generally in the best interests of post divorce families when children are involved. The court must be mindful not to sanction calculations that provide an incentive for a primary care parent to not permit the other parent to spend quality time with a child and it must be careful not to sanction a parenting approach that rewards parents for "exploiting" a cooperative parent.
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