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Abstract

It is increasingly common that children of divorce are geographically separated from one of their parents. This article considers the challenges that arise from that reality by exploring this problem from a variety of perspectives and by providing practical tips to minimize the impact of the distance. A review of the Ontario caselaw and Arizona Guidelines reveal that certain factors are important in the resolution of these disputes, including: the age of the child, mode of transportation between homes, distance, prior contact, and feasibility of virtual access. Court‐ordered access may include remedies that, absent the distance issue, may be considered extreme, including moving to overnight/extended access periods for young children, permitting children to travel unaccompanied, favoring the nonresident parent for holidays and vacation time, allowing children to decrease contact with the nonresident parent, and decreasing or terminating child support. Where distance dictates the in‐person and virtual access schedules, creative solutions are critical to the successful resolution of these cases. Forward thinking family law professionals can meaningfully help parents to achieve better outcomes for children.