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WHO PAYS FOR TRANSPORTATION WHEN THE CHILD MOVES ACROSS COUNTRY?©

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




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