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Old 10-26-2009, 07:07 PM
#1StepMom #1StepMom is offline
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Default Offer to Settle Transportation - What Are Our Chances?

Transportation has been an issue in court for my husband since the very first court date. My husband is planning on serving his child's mother with an offer to settle this issue (even though, in her mind, there is nothing to settle).

Here are some important facts:
  • Child's Father and Mother have ALWAYS resided a minimum of 55km (45min) from one another.
  • According to a Family Court Judge, it is the "norm" to order shared transportation to parties who reside more than 30 minutes apart.
  • Child's Birth to 2 Years of Age: Father provides all transportation because Mother does not have driver's license.
  • 2 Years to 3 Years of Age: Father continues to provide all transportation because Mother "not confident" in her driving ability.
  • 3 Years to 4 Years of Age: Mother moves an additional 20km further away. Father ordered by court to continue to provide all transportation because Father is employed full-time and Mother is not, therefore Father can afford the transportation costs while Mother cannot.
  • 5 Years to 6 Years of Age: Father ordered by court to continue to provide all transportation because there is no change in circumstance (residence) despite Mother being employed full-time and Father having lost his job.
  • 6 Years of Age to Current: Father moves 30km further away as he cannot afford living in Toronto, and moves West to be closer to better employment opportunities and more affordable houseing. Father ordered by court to continue to provide all transportation despite unemployment because he moved further away.

My husband is proposing the following to his child's mother:

Option A: Father picks the child up from Mother at the beginning of his visit, with Mother to pick the child up from Father at the end of Father's visit; or

Option B: Arrange pick-ups and drop-offs at a mutually agreed-to location midway between Father and Mother's homes.

Based on the facts listed above, do you think this offer to settle is fair?
If not, what would make it "fairer" in the eyes of a judge?
Should the facts (as listed above) be included in the offer?

Any advice/suggestions are greatly appreciated. Thank you.