Who Pays Travel Expenses When a Parent Moves Away? A Practical Guide to Transportation Costs in Illinois Parenting-Time Cases

When separated or divorced parents share parenting time, even a small geographic move can create significant ripple effects. Longer commutes, school changes, and altered work schedules can quickly turn into disputes over who must shoulder the new logistical and financial burdens. One of the most common questions Illinois parents face is can I move and how far ?

In-State Relocation

750 ILCS 5/600(g)(1) – “Relocation” occurs when there has been a change of residence from the child’s current primary residence located in Cook, DuPage, Kane, Lake, McHenry, or Will county, to a new residence within Illinois that is more than 25 miles from the child’s current residence.

750 ILCS 5/600(g)(2) – If you do not live in Cook, DuPage, Kane, Lake, McHenry, or Will County, relocation occurs when a parent moves 50 miles from the child’s current primary residence.

750 ILCS 5/609.2(b)-(c)- A parent intending to relocate must provide written notice of the relocation to the other parent under their allocation judgment, this notice must be provided at least 60 days before the relocation. The notice must include the intended date of the relocation, and the address of the parents’ intended new residence, if known.

If one parent moves and the travel distance increases, who pays for the extra transportation?

Unlike child support, which is governed by clear statutory guidelines, Illinois does not use a strict formula for assigning transportation costs. Instead, courts examine the unique facts of each case and determine what outcome is fair, reasonable, and in the children’s best interests. Two Illinois appellate decisions illustrate how Illinois judges approach these issues and what factors matter most.

Case 1: Hailey M. v. Christian A.

Hailey M., Petitioner-Appellant, v. Christian A., Respondent-Appellee., 230881-U Ill. App. (4th Dist. 2024) 

A Short Move, Significant Consequences

In Hailey M., the parents shared equal parenting time, with the children spending half of their time with each parent. The mother moved the children 23 miles away and enrolled them in a new school district. While the move was under the 50-mile threshold for an official in state “relocation” under Illinois law, it still created substantial challenges:

• Increased travel time for the father
• Disruption of his work schedule
• A change in school district he did not agree to
• A shift in daily logistics that affected the children’s routine

The mother then proposed a new parenting-time plan that effectively ended the 50/50 schedule and limited the father’s weekday time with the children.

The Parents’ Competing Proposals

Mother’s Proposal:
End 50/50 parenting time and give the father extended time only during school breaks.

Father’s Proposal:
Keep the 50/50 schedule intact but require the mother to pay $150 per month to offset the additional transportation expenses created by her unilateral move.

The Court’s Ruling

The trial court ruled in favor of the father, and the appellate court affirmed. The judge emphasized several key points that often influence transportation-cost decisions in Illinois:

1. No Automatic Rule
   Illinois does not apply a bright-line rule when allocating travel costs. Each case is highly fact-specific.
2. Stability Matters
   The father’s proposal maintained the children’s familiar routine. Courts strongly prefer arrangements that preserve consistency in schooling, daily schedules, and parent-child relationships.
3. Fairness Controls
   Because the mother voluntarily moved and created the additional travel burden, it was fair to require her to pay for the extra expense. Courts often assign costs to the parent whose decisions cause the financial impact.

The court also rejected the mother’s argument that she did nothing wrong simply because her move did not meet the legal definition of “relocation.” The appellate court clarified an important principle, “Even a non-relocation move can justify cost-shifting if it disrupts the parenting arrangement or imposes unfair burdens”.

Case 2: In re Marriage of Patel

In re Marriage of Patel., 373 Ill. Dec. 1062 (1st Dist. 2013).

When Parenting-Time Restrictions Lead to Cost-Shifting

Patel addressed a very different issue, but the same fairness principles applied. In that case, the mother made repeated, unsubstantiated allegations against the father, prompting a psychological evaluation. The evaluators determined that she suffered from a delusional disorder, which led the court to impose supervised parenting time for the children’s safety.

To regain unsupervised parenting time, the mother was required to undergo ongoing treatment and evaluation by a court-approved psychiatrist—and she had to pay for the costs herself.

Why the Court Ordered the Mother to Pay

The appellate court upheld the order because:

• Her condition—not the father—created the need for supervision.
  Since her mental-health issues resulted in restrictions on parenting time, it was reasonable to require her to bear the cost of addressing those issues.
• She had the financial ability to pay.
  Courts consider not just fairness but also each parent’s resources.
• Parenting-time-related costs are not automatically split.
  Unlike basic child support, these expenses can be assigned entirely to one parent if that parent is responsible for causing the need.

In reaching its decision, the court referenced another influential case, In re Marriage of Hock, where a father who became blind was not required to pay travel expenses when the children lived far away. Because he lacked the ability to travel safely or affordably, the burden shifted to the other parent to transport the children.

The Underlying Theme: Fairness Over Formulas

Across these cases, courts evaluated not just legal technicalities but practical realities. They asked:

• Who caused the additional cost?
• Who has the ability to pay?
• What arrangement minimizes disruption for the children?
• What approach best supports their well-being?

Key Lessons for Illinois Parents

1. Best Interests Come First

Whether a move is legally considered a “relocation” does not determine who pays for travel. Courts focus on what arrangement best supports the children, even if that means requiring the moving parent to cover additional costs.

2. Courts Seek Stability

Family judges prioritize the preservation of established routines, especially school schedules and daily structure. Proposals that protect stability tend to carry more weight.

3. Fairness Determines Cost Allocation

If one parent’s choice—or situation—creates the need for additional expenses, that parent may be required to pay them. Financial circumstances matter, but so does personal responsibility.

4. No One-Size-Fits-All Rule

Each case turns on its own facts. A 10-mile move in one family may cause more disruption than a 40-mile move in another, depending on schedules, schools, and transportation options.

Bottom Line: Every Case Is Unique

Transportation and parenting-time disputes are among the most emotionally charged issues parents face after separation. As these cases demonstrate, Illinois courts emphasize flexibility, fairness, and the children’s best interests over rigid formulas. Judges consider:

• Each parent’s financial resources
• Who caused the added cost
• The need to preserve the children’s stability
• The overall impact of a move or parenting-time change

If you are dealing with a move, transportation dispute, or conflict over parenting-time expenses, consulting with an experienced Illinois family law attorney can help you understand your options, evaluate your case, and advocate for a fair solution that serves both your children’s interests and your rights as a parent.