What is the test for the court to order a mother to pay child care costs where she works outside the home?
Ontario, Canada
The following excerpt is from Moreira v. Garcia Dominguez, 2012 ONCJ 128 (CanLII):
[212] Turning to considerations embodied in s.9, the first being reasonableness and necessity, the court is mindful of the obligations of both parents to support their child. Where the applicant does this outside the home, as here, of necessity child care costs will be incurred where the child is of young or tender years. I find that it is well within the means of the parties to bear this expense. It is noted that, in Scott v. Scott, BCSC 844, the court allowed the child care expenses noting that they were clearly “necessary” to allow the mother to work.
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