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Old 04-30-2014, 03:21 PM
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Default Case law regarding transportation for access

Has anyone come across any specific canlii cases that support the NCP and CP having to share transportation costs/driving for access because the CP moved a significant distance away? Or even better where the CP moved and was required to do the transportation? I'll take either or, in just starting to search for any myself but I know sometimes others have already looked and bookmarked some for their own use.

Thanks in advance!
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Old 04-30-2014, 03:36 PM
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CanLII - 2008 CanLII 70548 (ON SC) - I hope the link works. It's Petit v. Petit, and one I used in my own 3 day trial in January of this year.
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Old 04-30-2014, 09:20 PM
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Can I reasonably cite paragraph 206 even though it appears to be a case of joint custody when our situation is a sole custody/acess parent situation?

The CP lawyer has informed the NCP via a letter that normally it is the access parent who is responsible for any transportation. NCP is arguing to maintain shared transportation.

Last edited by Wyntermcd; 04-30-2014 at 09:21 PM. Reason: Typo
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Old 05-01-2014, 10:52 AM
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I've not found case law, but I've always heard and read that it's the moving parent that's responsible for transportation. I'd be interested to see the case law people have.
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Old 05-01-2014, 11:39 AM
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I may have used the wrong terminology there, but I've come across a number of cases where judges have ordered shared transportation, which is good enough for me, I'm tired of feeling bullied by the CP's lawyer
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Old 05-01-2014, 12:12 PM
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Ordering and enforcing are two different things. Would reduced CS to offset transportation time (off work maybe) and costs be more appropriate for your situation?
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Old 05-01-2014, 12:26 PM
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CP would never accept that however we may throw it in just so we can say we offered reasonable alternatives
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Old 05-01-2014, 12:53 PM
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There are quite a few cases (at least in Alberta Court of Queen's Bench - CanLii) dealing with transportation costs for access.

Here is one from court of appeal

https://www.canlii.org/en/ab/abqb/do...FjY2VzcwAAAAAB

When you go to CanLii, select a province, then type in "transportation costs for access".
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Old 05-01-2014, 01:28 PM
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Huh, I found it interesting that in the Ruek case the court looked at the fact that the mother had a new baby and that was considered as part of a reason that she shouldn't have to share in transportation. Yet if someone tried to use the argument of the responsibilities and financial burdens of a new baby to reduce existing support they would be lambasted.
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