Problems with Pick-Up / Drop-Off

[lovindad]

Legal and Physical CP is the Mother, I am the NCP.

Paperwork states that if the parties live more than 50 miles apart, the parties will meet halfway for all drop-off's and pick-up's.

We now live 50+ miles apart.

From Day 1, BM has complained about having to drive and meet me for a variety of reasons.  Nearly every weekend, she calls with every excuse in the book.  Thus far there have been no major problems, but I feel it's on it's way.

For the majority of the weekends, BM has requested that I pick up the children from daycare on Fridays (70 miles away) and that she will pick them up from my home on Sundays (again, 70 miles).
 
I am trying to prepare myself for the weekend when BM refuses outright to pick up the children or to meet me.  For the past 2 weekends this has nearly occured, but BM changed her mind at the last minute.

I understand that if she refuses to meet me, that I will have to bite the bullet and drive to pick up the children in order toexercise my visitation.

However...

1.  If I pick up the children on Friday (by driving the entire way) and she llater refuses to pick up the children from my home on Sunday, after we have had a recorded phone call detailing the parameters of drop-off and pick-up, am I responsible for taking them back to her residence?

2.  I always record every phone conversation whrein we decide how the drop-off and pick-up will be handled.  If the answer to #1 is "No", will this tape show my understanding of the transportation split?

[socrateaser]

>1.  If I pick up the children on Friday (by driving the entire
>way) and she llater refuses to pick up the children from my
>home on Sunday, after we have had a recorded phone call
>detailing the parameters of drop-off and pick-up, am I
>responsible for taking them back to her residence?

Based on your facts, you are both violating the court order although it's permissible because the custodial parent can voluntarily relinquish some of her custodial time in order to accomplish this change.

Nevertheless, if you cannot agree, then the order is the default, which means that you have only to return to the half way point. If the other parent doesn't arrive, then you should act in the child's best interests -- which would presumably be to take the child all the way home.

After which, you can file a motion for contempt, assuming you have proof that you waited at the halfway point and the other parent didn't show up, so you brought the child home.

I'm being very careful about how all this works, even though it could be characterized in non-legal terms in a much shorter manner.

>
>2.  I always record every phone conversation whrein we decide
>how the drop-off and pick-up will be handled.  If the answer
>to #1 is "No", will this tape show my understanding of the
>transportation split?

The bottom line is that if the other parent creates a situation that causes you to be forced to violate the court orders in order to protect the child, then she's in contempt because she's willfully violated the express terms of the order, by not showing up at the halfway point.