What is the case law in favour of reducing the amount of time a minority-time parent has to spend with her child under s. 9 of the Child Support Guidelines?
British Columbia, Canada
The following excerpt is from Brougham v. Brougham, 2009 BCSC 897 (CanLII):
He relies upon the decision of Saunders J.A. writing for the majority in Berry v. Hart, 2003 BCCA 659; 21 B.C.L.R. (4th) 142, where she said: Courts would be unrealistic, in my view, in failing to recognize that the 40 percent provision of s. 9, if approached with slavish accounting of small units of time, aggravates both the s. 9 financial incentive and financial disincentive inherent in an increase of a child’s time with the minority-time parent. [para. 6]
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