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