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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 06-14-2009, 01:26 PM
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Default What Are Our Chances of Being Granted Shared Transportation?

For years, my husband and I have been fighting for shared transportation, to no avail. Below are some of the reasons we have been given by lawyers and judges as to why the Court will not grant us shared transportation.

It is the status quo that we have been providing all the transportation since my stepson's birth.
Yes, this is true... but only because my stepson's mom did not have a driver's license until the child was almost 2 years old; then she didn't feel comfortable driving with the child on the highway or long distances; so as a result, in order for my husband to see his son, he had to provide all the transportation.

It is unfair for the mother to share in the transportation, despite her moving farther away and increasing the travel distance, as she does not have full-time employment and having her incur transportation costs is not beneficial to the child.
Yes, this is word-for-word the reason we were given by a judge!
So, in order for my husband to see his son, we continued to provide all the transportation.

There is no significant change in circumstance, therefore this issue does not need to be revisited.
Yes, this is word-for-word another reason we were given by yet another judge. The mother being employed full-time, having had her driver's license for several years and feeling comfortable driving the child on the highway and long distances... according to the judge this was not a substancial change in circumstance. And so, in order for my husband to see his son, we continue to provide all the transportation.

In less than two weeks, we are going back to court and this is the main issue we are bringing forth.

We live 85km from my stepson's primary residence with his mother. It takes us over 1 hour of driving time, one way, and more than 2 hours on Friday evenings due to rush hour traffic. We make additional round-trips on a regular basis in order for my stepson to attend events and activities in his primary neighbourhood. The costs and time associated with driving is starting to cause us financial difficulties.

We recently moved... for economic and family reasons and new employment opportunities (we moved so that my husband and I could be closer to our places of employment, in order to reduce travel expenses, and to reduce our living expenses). However this move increased the travel distance by about 20km.

What do you think our chances are of being granted shared transportation? Or even travel compensation if my husband continues to be held responsible by court order for all the transportation?
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Old 06-14-2009, 03:23 PM
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Hmmm I find all this so strange but most days that is my opinion of the court system

Anyway.... this is my story. I am the custodial parent. This past Sept I moved 2.5 hrs drive away from my ex. He challenged the move siting and old temporrary order that was replaced by a final and the temp stated that i was to remain in the area. My move was based on financial reasons. The court held with the final order and I was able to move. Now my ex had from the begining alternate weekends. This new temporary order states that I am to travel to him one weekend per month and the other weekend he is to travel to us to pick her up.

It was pretty plain and simple and straight forward I am led to believe that the courts judges etc like to see things split 50/50 where ever possible. Seems to me that it would be a good thing and this situation happens regularily... as far as I thought. Pardon my ramble but feel a little bewildered at the attitudes you encountered.
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Old 06-14-2009, 05:17 PM
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I'm pretty bewildered by it too. We actually had one judge, the one at our most recent conference a few months ago that said the norm is that if the parties live more than thirty minutes apart, the non-custodial parent picks the child up at the beginning of the access time and the custodial parent picks the child up at the end if the non-custodial patent's access time. We have always lived more that thirty minutes apart, from the time the child was born. And, due to certain circumstances (as listed in my original post) we have always had to provide all the transportation. I just cannot understand why it is so hard to change that now, especially now that my stepson's mom is fully capable of driving. Is there anything we could do or say to the judge that would help our cause?
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