I was wondering if anyone has experience/knowledge regarding who pays what when it comes to travel expenses for the purposes of access. My ex moved to Winnipeg (from Ottawa) and my lawyer said the cost is usually split 50/50. It seems that the case law in Canada is all over the map on this issue. Obviously it's quite expensive to exercise access rights when it costs two airplane tickets each time...but why should I have to pay when he's the one who moved away (and his support is $6,000 in arrears! )?
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Yes, the case law is really all over the map on this issue. The main consideration seems to be the financial circumstances of each parent. The parent who is better able to afford to pay for the transportation is often ordered to pay for it. Also, the non-custodial parent often seems to pay for the travel expenses, especially if they are the one who moved away. You'll be able to find a case that justifies pretty much anything you want in this area of law - these are just 2 trends I've seen.
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