What factors and considerations will the court consider when determining time sharing between the mother and father of the children?

Manitoba, Canada


The following excerpt is from Inscho v. Inscho, 2010 MBQB 90 (CanLII):

Turning to the Gordon v. Goertz, supra, factors and considerations mentioned above, the starting point must be that this mother be seen as the custodial parent or primary parent in the lives of these children as has historically been the case. The father’s availability to the children – the hours when he will not be away from them for work purposes, are not expected to increase in the future. Indeed while he can be available to them on his weekly Tuesday/Wednesday days off, he is presently challenged to be able to arrange and to pay for a substitute driver on the Saturday or Sunday periods of care and control as set out in the most recent interim order. Thus, while one of the important considerations in custody cases is the importance of maximizing the time each of the parents will be with the children, the court’s ability to do this is often, as here, limited by the parents’ work and other schedules and commitments. The purpose of the exercise of determining time sharing as between parents is not to maximize or equalize contact with extended families but rather with the parents themselves.

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