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Transportation

Started by Crockpot, Jul 20, 2007, 04:26:01 PM

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Crockpot

SO and ex signed an agreement in March that they would meet in the parking lot of a local store to exchange kids.  They share legal and SO is NCP.  At the time it was half way between our houses.  In April BM moved and lost her car (it belonged to her BF and they split up).  She moved farther away from us.  SO's only option is to pick kids up at BM's house.  After being laid off for months SO starts a new job next week that won't get him to BM's house with enough time to see the girls on the Wed night visits.  He would have time to see them if she could get them to the court ordered meeting place though.  

BM does not have a car.  OK, but there are other means of transportation.  Do the courts take any of that into account?  I know she's not willfully without a car, but she's not doing much to make seeing the kids easier.  Unless she wins the lottery the woman is not getting a car anytime soon.  I'm wondering if we should file to extend our Wednesday night visits to an overnight so SO has some time with his kids.  Would her inability to transport kids be enough to change the order?  Also, the court order is to exchange kids at the store.  What if we brought them to that store after our visits instead of to BM's house forcing her to get there to get the kids?  Opinions?  I know it's underhanded, but the woman does nothing to help SO see his kids.          

MixedBag

When you say agreement, did that get translated into an order?  Actually, you later say "the court order is to exchange the kids at the store"....so it's in an order

I don't think she could or would be found in contempt for not bringing the kids to the meeting point.

This is a gray area (IMHO) when it comes to predicting how the judge in your case would decide.

Sounds like it's time to go back and ask that the current agreement be amended and then ask for how you/NCP want it set up.

Crockpot

SO and ex signed an agreement in March that they would meet in the parking lot of a local store to exchange kids.  They share legal and SO is NCP.  At the time it was half way between our houses.  In April BM moved and lost her car (it belonged to her BF and they split up).  She moved farther away from us.  SO's only option is to pick kids up at BM's house.  After being laid off for months SO starts a new job next week that won't get him to BM's house with enough time to see the girls on the Wed night visits.  He would have time to see them if she could get them to the court ordered meeting place though.  

BM does not have a car.  OK, but there are other means of transportation.  Do the courts take any of that into account?  I know she's not willfully without a car, but she's not doing much to make seeing the kids easier.  Unless she wins the lottery the woman is not getting a car anytime soon.  I'm wondering if we should file to extend our Wednesday night visits to an overnight so SO has some time with his kids.  Would her inability to transport kids be enough to change the order?  Also, the court order is to exchange kids at the store.  What if we brought them to that store after our visits instead of to BM's house forcing her to get there to get the kids?  Opinions?  I know it's underhanded, but the woman does nothing to help SO see his kids.          

MixedBag

When you say agreement, did that get translated into an order?  Actually, you later say "the court order is to exchange the kids at the store"....so it's in an order

I don't think she could or would be found in contempt for not bringing the kids to the meeting point.

This is a gray area (IMHO) when it comes to predicting how the judge in your case would decide.

Sounds like it's time to go back and ask that the current agreement be amended and then ask for how you/NCP want it set up.