What is the test for determining who is the primary caregiver in a contested exclusive possession application?
Saskatchewan, Canada
The following excerpt is from Ladner v Ladner, 2012 SKQB 505 (CanLII):
Each parent has played a significant parenting role. Much of the affidavit evidence, which is conflicting, is an attempt by the affiant parent urging that he or she is the primary caregiver. This is not a determinative factor in this case nor in the determination of a contested exclusive possession application. Both parents can play a significant parenting role which does not necessarily end nor change if one is granted exclusive possession of the family home and the other is ordered to take up residence elsewhere. See Poitras v. Poitras, 2009 SKQB 196, 334 Sask. R. 151.
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