I have access to my children every second weekend. My ex is not willing to help with transportation (one way) and says her lawyer said that the person with access is responsible for both ways. My problem is that she moved out of the main part of the city to West Carleton where no public transportation runs and our custody agreement states she cant move them out of the city without my permission ( I wasnt included in this at all). Is she responsible for any part of the transportation?
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- Don't get legal advice from your ex. Ever.
- Don't get legal advice from your ex's lawyer, ever.
- She violated the agreement and moved out of the area, you should have stopped her. By not taking action, you gave implicit consent.
- You need to respond to this immediately. If you let months go by, a court would say that you have been doing fine for months, so you have not been put out.
- She is now 100% responsible for transportation, due to her moving out of the area in violation of your agreement. If you deal with this now, a court would back you up. If you deal with it in 6 month, a court would say you did fine for 6 months, why are you complaining now.
- Don't just sit on you hands.
- Send her lawyer a formal letter stating what I just said, that she moved out of the area in violation of the agreement, she is 100% responsible for transportation, either by transporting the child herself, or by paying for your transportation costs. If she does not comply you will be seeking a motion order.
- Then stand your ground and if she does not co-operate, you follow up with legal action. This doesn't have to be expensive, you can file a motion order yourself, it is just filling out the form and writing an affidavit and attaching factual evidence (the separation agreement/custody order, records of the move, etc.)
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