travel responsibility for visitation

[roch]

We recently went to court and got our rears handed to us.  Long story short, none of our witnesses showed up because our attorney didn't manage to supeona them so we were forced to a "consent agreement" by the judge or he, in his words, would decide everything himself and we weren't going to win.  In the "consent agreement" it states visitation times but not who is responsible for travel.  It is only 20 minutes apart but it gets old driving that four times a week.  During the summer I had convinced BM that whoever has physical custody should bring the child to the other residence to share reponsisbility.  Now that school has started she is refusing to drop off the child on the every other Friday.  All of our other visitation is direct drop off/pick up from school so of course we are required to get the child ourselves.  We had requested direct picku pfrom school on Friday of our weekends as well but BM refused.  So now she has extra time (which grandma gets because mom is still at work) AND does no driving.  We found out she had stopped the shared transportation this past Friday when they didn't show up and when we called said if we want her come get her.  Is there anything we can do short of going back to court?

[mc24]

Not sure if I understand your post correctly, but maybe this will work for you.  In our case, there is also nothing on paper about travel arrangements.

Instead of saying whoever has the child, bring her to the other parent, try the other way around.  Whoever gets the child, come get her.  It is easier for BM to keep the child if she is the one who has to deliver her.  If you are picking up for your time, it may work out better.  Then BM has to also pick up for her time, and it will be equal travelling.

Hope this helps!

[Kitty C.]

'He who wants, fetches.'  If she wants the child back bad enough, she'll come get her!

[CustodyIQ]

I agree, so long as you are absolutely certain that transportation is not specified in your court orders.

I'm not a lawyer, but if I were in your position, I'd suggest you send certified mail to your ex stating, "Effective September 1, 2005; I will be following the rule that the receiving parent shall pick up the child.  This is fair to both of us, and it ensures that exchanges will be on-time.  If you're unable to pick up the child at the start of your custodial time, I'm always happy to spend additional time with the child until you can arrange for transportation back to your home."

Then, stick to it.

But there's nothing unreasonable about such an approach.  A judge won't think you're unreasonable.  You can't be held in contempt for keeping the kids longer due to the other parent's refusal to pick them up.

Let her file a court order if she wants, and even if the judge orders something different, at least you'll have clarity.

Again, before doing this, really make sure your orders say nothing about who does what transporting.

[flewwellin]

How about you pick them up from her house and when it's time for the child to go back she comes to pick them up.  Throw her words back in her face.