Thread: denying access?
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Old 07-22-2010, 01:34 PM
LostFather LostFather is offline
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Originally Posted by gumby View Post
So now my ex has decided he is going to move to the family cottage for the summer. This is all fine and dandy and the kids like to go up but he is refusing to drive back with them - he keeps saying, just pick them up when you come up (my mother's cottage is 20 minutes from theirs). Problem is, I don't want to go up this weekend. His solution is to get my SIL to drop them off but I have a lot of problems with that (she sleeps til noon everyday so I won't get them back til 10 at night, she interferes with my access arrangements, etc.) Plus he has the internet over the phone up there so it is hard to get ahold of him.
I am so tired of his nonsense i am going to start a court action (with or without my lawyer, who is on vacation and has this far been useless). My question is, is this considered denying access on his part (refusing to transport them back)? I have been told by my lawyer I cannot deny him access, and the kids want to go, so I am letting them go, but he shouldn't be going and saying he isn't coming back.

Sorry but I do not see how he's denying you access, you can pick them up but won't, he's offered another transport option but do not like that. If it were me, for the 20 min difference I'd pick them up.

What does your order say? I mean you have transportation available by the sounds of things. Usually the person taking the children into their care is responsible for pick up. Would be the same for him, when your access is over, he would be responsible to pick them up.

If he was refusing to hand over the children, then that would be considered denying access, but from what I've read in your post/question, you just do not like the arrangements. If his SIL is the option, then request that you have them at a reasonable time.

Maybe there are others here that can better help you on this one, but I'm thinking for the 20 min or this one time when you do not want to go to the cottage, just have your SIL bring them down.