| BY JAMES D. SCOTT, CERTIFIED FAMILY LAW | | | | in the particular case. These special |
| SPECIALIST | | | | circumstances include, but are not limited to |
| | | | the following:" |
| COPYRIGHT 2007 | | | | |
| | | | The special circumstances listed do not |
| When the parent with the most child sharing | | | | include sharing the costs of transportation |
| time moves across the country, extra efforts | | | | in a move-away case, but appellate courts |
| must be made for the child or the children to | | | | have recognized that code section as |
| keep frequent and continuing contact with the | | | | providing just this kind of relief. |
| parent and other family members who remain | | | | |
| behind. | | | | In the appellate case of Wilson v. Shea |
| | | | (2001) 87 Cal.App.4th 887 the trial court was |
| A move-away by the custodial parent | | | | found to have discretion to reduce Guideline |
| diminishes the percentage of calendar time | | | | support to allow the creation of a travel |
| spent by the child with the parent who | | | | fund to be managed by the paying parent. To |
| remains behind. This has the double whammy | | | | do this, the trial court had to compute the |
| or triple whammy of causing an increase in | | | | regular Guideline amount first, take evidence |
| the child support payment when the parent | | | | of the cost of the transportation, and then |
| left behind has been ordered to pay support. | | | | note the special circumstance. |
| A second unfortunate effect of the move-away | | | | |
| is the negative hit to the amount of time | | | | In Wilson the court found that given the |
| that the child is able to spend with the | | | | importance of contact to the child with the |
| parent left behind. The frequency of those | | | | parent left behind, and the practical |
| periods of access to the child diminishes and | | | | necessity of a travel fund when a case |
| the stability of the parent/child | | | | presents the special circumstance of |
| relationship is jeopardized. The third | | | | out-of-state visitation, the promotion of |
| negative impact of a move-away is the cost of | | | | frequent and continuing contact with both |
| transportation. When the parent moves two | | | | parents after the parents have separated is |
| thousand or three thousand miles from the | | | | certainly a factor that may mean the rote |
| west coast to the mid west or from the west | | | | application of the Guideline formula is |
| coast to the east coast, round trip tickets | | | | unjust or inappropriate in some cases. |
| to fly frequently cost hundreds of dollars | | | | |
| for each visit. If the children are grade | | | | This has nothing to do with another sort of |
| school age or younger, the parents may | | | | case where the parent moving away has some |
| reasonably resist allowing them to fly alone | | | | kind of malicious intention to disrupt the |
| and thus, the cost of a round trip ticket is | | | | relationship of the child with the parent |
| doubled or tripled for the escort. Even when | | | | left behind. |
| the move is regional and a two hundred mile | | | | |
| to four hundred mile distance with a lack of | | | | This is not to say that one hundred percent |
| airport access may make driving more | | | | of the travel cost should be paid from the |
| practical, the cost of gasoline and the use | | | | child support that would otherwise be |
| of an automobile are significant deterrents | | | | ordered. It simply gives guidance to parents |
| to visitation. | | | | in an unfortunate move-away situation that |
| | | | they should try to be creative and reasonable |
| THE GUIDELINE | | | | and flexible with each other while using the |
| | | | child support as a resource to help cover the |
| In 1992 the infamous Guideline of the | | | | costs of transportation. In a case with a |
| California Family Code became effective. It | | | | shorter distance, it could mean that each |
| mandated adherence by the courts. In the | | | | parent would travel halfway to hand off the |
| early years following the implementation of | | | | child to the other parent. |
| the Guideline, the courts tended to follow | | | | |
| the mathematical formula almost with a | | | | When faced with a move-away decision, both |
| lockstep procedure. As a point though, | | | | parents would be encouraged to use |
| relief for transportation costs may be found | | | | reasonableness and to look at the unfortunate |
| in California Family Code §4057(b)(5), | | | | situation from the eyes of the child who will |
| which says, | | | | certainly want to maintain the stability of |
| | | | the relationship that the child has enjoyed |
| "Application of the formula would be unjust | | | | with the parent left behind and with the |
| or inappropriate due to special circumstances | | | | other members of the family left behind. |