The mother appealed a trial judge's finding that the father had custody of their children for over 40% of the time, triggering s. 9 of the Federal Child Support Guidelines.
The trial judge had calculated the time by counting days rather than hours.
The Court of Appeal dismissed the appeal, holding that there is no universally accepted method for determining the 40% threshold and the trial judge did not err in her approach, which was consistent with avoiding rigid calculations.
