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Case law regarding transportation for access

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  • 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!

  • #2
    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.


    • #3
      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, 08:21 PM. Reason: Typo


      • #4
        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.


        • #5
          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


          • #6
            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?


            • #7
              CP would never accept that however we may throw it in just so we can say we offered reasonable alternatives


              • #8
                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


                When you go to CanLii, select a province, then type in "transportation costs for access".


                • #9
                  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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