How has the court considered an undue hardship claim based on unusually high access costs?
Ontario, Canada
The following excerpt is from Pace v. Barry, 2019 ONSC 1739 (CanLII):
In Somerset v. Somerset, 2004 CanLii 16881 (ONSC) Pierce J. considered an undue hardship claim based on unusually high access costs. She took into account the difference in access costs depending on where access was exercised, the proportion the expenses represented of the access parent’s net income, and the proportion that access costs plus table support would represent of his net income. She also considered whether it was the payor parent who moved away thereby giving rise to the higher costs of access. At para [98] she stated:
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