Question on transportation...

[wallyworld]

EX in TX, Im in IL

Daugther has resided in Tx for approx. 3 months (off and on between FL and TX)

Divorce order is from IL

 Visitation order is from FL-transportation issues are address in FL order

CS order is From IL which addresses tax deductions and medical bills

Texas has NO orders

FL order states word for word:

5.  With the exception of christmas vacation, the parties have agreed to a visitation schedule.  The court ratifies and approves the visitation schedule as set forth within, and the parties are ordered to comply therewith.  The father shall enjoy visitation during the summer vacation.  The summer vacation shall begin one week following the last day of school and shall end one week prior to the beginning of the next school year.  The father will be responsible for the costs of necessary to transport the child from FL to IL; and the mother will be responsible for the costs of necessary to transport the child from IL to FL

Ex married a pilot so she DID fly the child (at her expense of 12.00) for my spring break even though I was supposed to be responsible for that.

I had to drive 3.5 hours to Chicago because my daughter can only fly to MAJOR airports for that price.  She had to drive about 1/2 hour to houston to fly her from her current residence.

Now she's mad at me because "I went behind her back and obtained report cards and absence & tardy notices".  I am assuming she will NOT fly my daughter here at her expense for my summer visitaiton

So...

1.  The order states she is to be responsible for costs to transport from IL to FL.  She lives in TX now so does that part still stand that states that she has to get her back after the visitation is over even though the order states FL?

2.  If she books her return flight (as order states she is responsible for getting her back)  to Chicago am I responsible for driving the 7 hours round trip to get her there even though the order states SHE is responsible. I know she will NOT reimburse for ANY travel costs.

3.  If I book a flight to get her to IL can she deny my visitaiton due to having to drive my daughter 1 hour round trip to houston as again the order states I am responsible?

4.  If I have to drive and pick her up at her doorstep I will as the order is kinda vague.  If my ex still books the return flight in Chicago (7 hours or more round trip (like 9 if you include CHI. Traffic) and I DONT drive her to Chicago as I am NOT responsible for getting her back can I be held in contempt?  OR worse be charged the kidnapping?

5.  Can I tell her flat out that I will NOT drive to CHI- have fun driving from Houston to IL unless she can book at the smaller airport an hour away (knowing that she will NOT get her flight there free)?

6.  If I want to get orders clarified can i do so in IL (it was the FL order).  If not which state TX or FL.

[socrateaser]

>1.  The order states she is to be responsible for costs to
>transport from IL to FL.  She lives in TX now so does that
>part still stand that states that she has to get her back
>after the visitation is over even though the order states FL?

Well, reasonably, the mother is now responsible from IL to TX, and that would almost certainly be the way that the court would interpret the order were the matter to be held for enforcement. However, legally the mother can no longer be held in contempt for failing to pay the cost from IL to TX because that's not what the order says. However, the mother can still be held in contempt for not paying the cost from IL to FL, even though the actual flight will be to TX. I suspect that a ticket from IL to FL may be more expensive than one to TX, so, either way, you're probably covered.

Therefore, you could ask the FL court to enforce the existing orders as per the cost from IL to FL if mother didn't pay, however, the better move is to register your order in TX, and then ask a TX court to enforce it, because that's where you're leverage over the mother is greatest.

You can also go to a TX court and ask it to modify the current orders to expressly state TX instead of FL, but it's probably not cost effective unless you have some other issue also needing resolution.

>2.  If she books her return flight (as order states she is
>responsible for getting her back)  to Chicago am I responsible
>for driving the 7 hours round trip to get her there even
>though the order states SHE is responsible. I know she will
>NOT reimburse for ANY travel costs.

She is responsible for your reasonable travel expenses for the drive: food, gas, maybe motel, if you have to wait for the flight and your stay reasonably requires you to spend the night in order to drive safely.

It's all about what you can argue to the court, but gas and any other reaosnable auto expense is pretty certain.

>3.  If I book a flight to get her to IL can she deny my
>visitaiton due to having to drive my daughter 1 hour round
>trip to houston as again the order states I am responsible?

The orders don't specify who's responsible for making the itinerary -- they only specify who must pay. Either one of you can make or break a flight reservation. Obviously, this is bad drafting in the agreement, but bottom line is she can't refuse visitation because you make the itinerary -- however, she can certainly change the itinerary and absorb the additional costs, if any.

>4.  If I have to drive and pick her up at her doorstep I will
>as the order is kinda vague.  If my ex still books the return
>flight in Chicago (7 hours or more round trip (like 9 if you
>include CHI. Traffic) and I DONT drive her to Chicago as I am
>NOT responsible for getting her back can I be held in
>contempt?  OR worse be charged the kidnapping?

As I said, the order doesn't state who is responsible for actual transport or itinerary -- it only discusses costs, so you can't be in contempt, and kidnapping is absurd -- the police aren't gonna come running after you until the kid's been gone a few days, and certainly not until the other parent gets a bench warrant or files a complaint with the IL authorities.

>5.  Can I tell her flat out that I will NOT drive to CHI- have
>fun driving from Houston to IL unless she can book at the
>smaller airport an hour away (knowing that she will NOT get
>her flight there free)?

You can tell her that if she books a flight to CHI, that you will hire a limo to drive the kid to your house, and that she will be responsible for the reasonable cost from CHI to the airport that would have been closest to your home, because that's what the orders state -- she's responsible for the cost of transportation.

So, you can both come to an accomodation, or you can fight about it and in the end, she will have to pay the reasonable cost of transportation to your location, because you don't live in CHI -- you are 3.5 hours away.

>6.  If I want to get orders clarified can i do so in IL (it
>was the FL order).  If not which state TX or FL.

Dicey question. If your child support order was made in IL, then you can have this modified as to costs in IL, otherwise, you will have to go to TX. Travel costs are "in the nature of support," not custody/visitation.

However, if you want the actual wording re who's responsible for making the itinerary or the points of origin (TX, FL, IL) changed, then you must go where a custody mod must be made, which would be TX, because that's the child's home state now.

This is obviously a hassle, however you can move to clarify the current orders re itinerary in TX and ask the TX court to use IL law to modify the language as to costs.