I'd like to pick your brains... for your legal knowledge and experiences... to find out what our chances are of obtaining shared transportation. We are going to court for a settlement conference this Friday. Most issues have been settled, with the exception of shared transportation.
The senario:
- Dad is a NCP who has access to his son every-other-weekend and 50% of holidays.
- Since birth, Dad has provided all transportation, as Mom (CP) did not have a driver's license until the child was 2 years old.
- Dad lived 45min from Mom.
- When Mom obtained her driver's license and bought a car, Dad requested shared transportation via mediation, but Mom claimed she wasn't experienced enough with driving and didn't feel comfortable driving with the child in the car.
- A year after she obtained her license, Dad requested again that she help with transportation via a four-way meeting with lawyers, but Mom declined as she claimed she couldn't afford the cost of fuel, and claimed she wasn't comfortable driving on highways.
- Mom took Dad to court for an array of issues; during which Dad requested shared transportation as Mom had just moved 15min farther away, but the judge declined the request on the basis that Mom was only working part-time while Dad was employed full-time, therefore Dad could better afford transportation costs.
- Dad took Mom to court for reduction in CS due to loss of employment; during which Dad again requested shared transportation, as Mom was now employed full-time and has had almost 4 years driving experience, but the judge declined the request as there was no substantial change in circumstance.
- Dad relocated 15min farther away due to employment opportunities, affordability of housing, and family-related reasons, at which time Dad found full-time employment near his new home.
- Dad is again asking the court for shared transportation, as he can no longer afford the 3.5-hour round trip for pick-ups and 2.5-hour round trip for drop-offs, at 85km one way, especially as one pick-up and drop-off weekend costs him an entire tank of gas.
- As usual, Mom is very opposed to the idea of shared transportation, claiming that Dad made the choice to move farther away and that she should not be penalized for his actions.
Now, FYI, at our last case conference, the judge indicated that it is the norm to order shared transportation between parents who reside more than 30min away. Dad and Mom have ALWAYS resided more than 30min away, since the child was born. Yet Dad has always been the one made to provide all transportation (not to mention additional round trips for meetings with teachers, extracurricular activities, birthday parties and events, etc.) due to whatever reason Mom had as rejection of this idea.
Given the information above (the senario)... what are our chances of being granted shared transportation?
Also, any advice you may have that may help us in this cause is greatly appreciated. We are at our wits' end!
The court date is this Friday.
Thanks!
The senario:
- Dad is a NCP who has access to his son every-other-weekend and 50% of holidays.
- Since birth, Dad has provided all transportation, as Mom (CP) did not have a driver's license until the child was 2 years old.
- Dad lived 45min from Mom.
- When Mom obtained her driver's license and bought a car, Dad requested shared transportation via mediation, but Mom claimed she wasn't experienced enough with driving and didn't feel comfortable driving with the child in the car.
- A year after she obtained her license, Dad requested again that she help with transportation via a four-way meeting with lawyers, but Mom declined as she claimed she couldn't afford the cost of fuel, and claimed she wasn't comfortable driving on highways.
- Mom took Dad to court for an array of issues; during which Dad requested shared transportation as Mom had just moved 15min farther away, but the judge declined the request on the basis that Mom was only working part-time while Dad was employed full-time, therefore Dad could better afford transportation costs.
- Dad took Mom to court for reduction in CS due to loss of employment; during which Dad again requested shared transportation, as Mom was now employed full-time and has had almost 4 years driving experience, but the judge declined the request as there was no substantial change in circumstance.
- Dad relocated 15min farther away due to employment opportunities, affordability of housing, and family-related reasons, at which time Dad found full-time employment near his new home.
- Dad is again asking the court for shared transportation, as he can no longer afford the 3.5-hour round trip for pick-ups and 2.5-hour round trip for drop-offs, at 85km one way, especially as one pick-up and drop-off weekend costs him an entire tank of gas.
- As usual, Mom is very opposed to the idea of shared transportation, claiming that Dad made the choice to move farther away and that she should not be penalized for his actions.
Now, FYI, at our last case conference, the judge indicated that it is the norm to order shared transportation between parents who reside more than 30min away. Dad and Mom have ALWAYS resided more than 30min away, since the child was born. Yet Dad has always been the one made to provide all transportation (not to mention additional round trips for meetings with teachers, extracurricular activities, birthday parties and events, etc.) due to whatever reason Mom had as rejection of this idea.
Given the information above (the senario)... what are our chances of being granted shared transportation?
Also, any advice you may have that may help us in this cause is greatly appreciated. We are at our wits' end!
The court date is this Friday.
Thanks!
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