What is the effect of construction and traffic on the travel time between the Father's home and J.S’s school?

Ontario, Canada


The following excerpt is from R.S. v. D.S., 2010 ONSC 2941 (CanLII):

In my view the travel time between the Father’s home and J.S. ’s school is a factor I must consider. Although no one challenged the Father’s evidence that the travel time is 40 minutes, it can clearly be longer with construction and traffic, given the Father will be travelling with J.S. in rush hour. This is a more significant factor on days when the Father has to drive J.S. to school as it will mean that he has to get up much earlier than he does now. I note this was a concern of the trial judge in Rogerson v. Tessaro,[7] relying on an opinion of an assessor who opined that an equal residence schedule was no longer workable as it was unreasonable for the children to commute for 35 minutes per day.

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