In Ontario, there is no strict legal formula for dividing a child’s flight costs. However, family courts generally require parents to share the travel expenses proportionally based on their incomes, or they may order the parent who chose to relocate away from the child’s home city to bear the majority of the financial burden.
As families evolve and careers change, it is increasingly common for parents to live in different cities or even different provinces. When one parent lives in Toronto and the other moves to Vancouver or Calgary, facilitating meaningful parenting time requires airplanes, long drives, and significant logistical planning.
Under the Federal Child Support Guidelines and Ontario family law, the basic monthly table amount of child support is meant to cover food, shelter, and clothing. It does not automatically cover the high costs of cross-country flights, Unaccompanied Minor (UM) fees, or hotel stays for the travelling parent. 📍 Resolving who pays for these travel expenses-often classified as Section 7 “extraordinary expenses” or handled via a downward deviation in basic child support-requires careful legal negotiation. This guide explores the step-by-step process of drafting a long-distance parenting schedule and how Ontario courts allocate these heavy financial costs.
Step-by-Step Process for Long-Distance Parenting in Ontario
Creating a long-distance parenting plan requires more than just picking dates on a calendar. It requires a legally binding framework that addresses flight cancellations, escort duties, and cost-sharing. Whether you are dealing with the Superior Court of Justice in Ottawa or Thunder Bay, the process generally follows these steps.
Step 1: The Notice of Relocation
Under both the federal Divorce Act and Ontario’s Children’s Law Reform Act, a parent cannot simply pack up the child and move across the country. 📝 You must provide a formal “Notice of Relocation” to the other parent at least 60 days before the proposed move. If the other parent objects, the move cannot happen until a judge approves it. If the non-moving parent is the one travelling, this step focuses instead on establishing the new inter-provincial schedule.
Step 2: Designing the Travel Schedule
Long-distance parenting time usually shifts from “every other weekend” to larger blocks of time. Parents often negotiate for the child to spend the entire summer break, March Break, and alternating winter holidays with the out-of-province parent. Your family law firm will draft these specific blocks into the agreement, factoring in the child’s school schedule in Ontario.
Step 3: Determining the Logistics and Escort Needs
Airlines in Canada (like Air Canada and WestJet) have strict rules regarding minors. Usually, children under 8 cannot fly alone under any circumstances, meaning an adult must pay for their own round-trip ticket to escort the child. 👪 Children between 8 and 11 can fly alone but require the mandatory Unaccompanied Minor (UM) service. The legal agreement must dictate exactly who buys the tickets, who drives to Pearson or Ottawa International Airport, and who pays the UM fees.
Step 4: Calculating and Allocating the Costs
Once the logistics are set, lawyers calculate the annual estimated cost of travel. There are two primary ways courts handle this. First, they can treat flights as Section 7 Extraordinary Expenses, dividing the cost proportionately based on both parents’ Line 15000 incomes. Alternatively, if the paying parent is the one travelling, the judge may reduce their mandatory monthly child support payment to offset the massive cost of flights (under Section 10 of the Guidelines regarding undue hardship).
Step 5: Drafting the Final Consent Order
Once an agreement is reached on the financials, the lawyers will draft a comprehensive Consent Order or Separation Agreement. 📄 This document will include dispute resolution clauses (e.g., what happens if a flight is grounded by a snowstorm) and will be filed with the local family court to become legally binding and enforceable by the Family Responsibility Office (FRO) if necessary.
How Much Does it Cost in Ontario?
Long-distance parenting is incredibly expensive. Parents must budget for these costs annually, as failing to facilitate court-ordered parenting time can result in severe legal penalties.
| Type of Travel Expense | Estimated Cost (CAD) | Details and Factors |
|---|---|---|
| Domestic Flights (Round Trip) | $300 – $1,000+ per trip | Highly dependent on the season. Flying a child from Toronto to Calgary during the Christmas rush will be at the maximum price point. |
| Unaccompanied Minor (UM) Fee | $100 – $150 per direction | Airlines charge this mandatory fee to have staff monitor the child. This is an extra $200-$300 total added to the base ticket price. |
| Escort Parent Flights | $600 – $2,000+ per trip | If the child is too young to fly alone, the parent must buy a ticket to fly there, drop the child off, fly back, and repeat the process weeks later. |
| Gas & Mileage (Driving) | $0.60 – $0.70 / kilometre | If the long-distance is drivable (e.g., Toronto to Sudbury), courts often use standard CRA mileage rates to calculate the financial burden. |
| Lawyer Drafting Fees | $1,500 – $3,500+ | The legal cost for an Ontario law firm to negotiate and draft a highly detailed, airtight long-distance parenting agreement. |
It is heavily advised to secure a local family lawyer from our directory to help structure these costs, as an improperly drafted agreement could leave you paying 100% of the flights out-of-pocket for the next decade. 💵
How Long Does the Process Take?
Establishing a long-distance schedule requires forward planning, especially if you are fighting a relocation case in court.
- Negotiating an Agreement: If both parents are amicable, a family law firm can draft a custom travel and cost-sharing agreement within 2 to 4 weeks.
- Litigating a Relocation: If one parent opposes the move, the court battle (a mobility mobility) can easily take 6 to 12 months before a judge renders a final decision.
- Booking Logistics: Most agreements require parents to share flight itineraries at least 30 to 60 days before the child’s scheduled travel date to ensure fair pricing.
Frequently Asked Questions (FAQ)
If my ex moved away, why should I have to pay for the flights?
Ontario family courts heavily scrutinize the reason for the move. If a parent moved voluntarily for personal reasons (and not due to family violence or necessity), the judge will often order the moving parent to cover 100% of the travel costs, as it was their choice to create the geographic distance.
Can I just deduct the flight costs from my monthly child support?
No, you cannot unilaterally decide to reduce your child support payments. If you do, the Family Responsibility Office (FRO) will penalize you for being in arrears. You must have a formal, signed court order or separation agreement that explicitly permits you to reduce the table amount due to high travel access costs.
What age can a child fly alone in Canada?
Airline policies vary, but generally, children under 8 years old must be accompanied by an adult (16+). Children aged 8 to 11 can fly alone but must use the airline’s mandatory Unaccompanied Minor service. Teenagers 12 and older can usually fly independently without restrictions, though parents can request assistance.
Who holds the child’s passport during travel?
This is a major source of conflict and must be explicitly written into your separation agreement. Usually, the parent who has primary residence holds the physical passport, but they are legally obligated to hand it over to the travelling parent a set number of days before an international trip.
What happens if a flight is cancelled and the child misses parenting time?
A well-drafted long-distance agreement will contain a “make-up time” clause. Generally, if weather or airline issues cause a delay, the parents are expected to act reasonably and try to append the lost days to the end of the trip or add them to the next scheduled holiday break.
Leave a Reply