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  • relocation and sharing of driving

    I have what's become a beast of an issue with respect to the sharing of driving. When my ex and I separated, we lived within walking distance of each other. I have sole legal custody, and she has access an evening per week and alternate weekends from after school Friday until return to school Monday.

    About a year later, I lost my job and for financial reasons, had to move in with a friend who lived approximately 90km away. The mobility restriction in our separation agreement allowed me a 100km radius from where we were living before we had to modify the parenting plan, etc. The majority of the distance between us was highway driving, and could be done in under an hour.

    At this point, my ex decided that it wasn't worth her time to come and see the children on Wednesdays, even if it was to take them out locally rather than taking them back to her place. I did not agree to this, but had no choice but to accept it as she simply wasn't showing up. For the weekends, we did agree together that returning the kids on Sunday evening made more sense than having them get up earlier on Monday to get to school.

    She was unhappy about it, but continued to do all of the driving as the agreement was written that she picked up and dropped off, except during the summer.

    Fast forward another year, and she has gotten remarried. She and her spouse voluntarily relocated in the opposite direction, now increasing the distance to over 200km.

    Not surprisingly, she is even less happy about the driving now. She has gotten a lawyer and is attempting to make changes to the agreement. (It's been a couple years, so this part isn't all that surprising.) They're demanding that I share half of the driving or she will simply reduce her access time by half and only see the kids once per month.

    I've been digging in on this because of the fact that I'm carrying additional responsibility and costs due to her not taking the kids on her weeknight, picking them up late on Fridays, and returning them Sunday instead of Monday morning.

    So two part question.

    1. Am I a tool for digging in?
    2. If this were to get to court / sc, do I have a chance of being successful?

  • #2
    you both moved (you first) = equal blame in my opinion

    how old are the kids?

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    • #3
      Originally posted by arabian View Post
      you both moved (you first) = equal blame in my opinion

      how old are the kids?


      Slightly disagree... the agreement allowed for a 100km radius move which the OP abided by. The ex is free to move wherever she wishes, it’s really only the children who were required to stay within a 100km radius. OP continued to meet his obligations under the agreement, the ex is trying to get out of her obligations under the agreement. Legally standing based on what has been stated the agreement said, OP is under no obligation to drive the children.

      Now personally, I’d share the driving. Really not a huge deal... sorry but your costs haven’t increased that much with having the children an extra night or two. Is she paying CS? You are the primary parent so if she chooses not to see the children there isn’t anything you can do about it but it would be pretty crappy for your children. I’d meet back in the area where you originally moved from, which means you drive 90km and she drives 110km... but that’s just my opinion


      Sent from my iPhone using Tapatalk

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      • #4
        Originally posted by MakinMyWayInTheWorldToday View Post
        I've been digging in on this because of the fact that I'm carrying additional responsibility and costs due to her not taking the kids on her weeknight, picking them up late on Fridays, and returning them Sunday instead of Monday morning.

        So two part question.

        1. Am I a tool for digging in?
        2. If this were to get to court / sc, do I have a chance of being successful?
        You just said her returning them Sunday instead of Monday was a result of YOUR move, and a decision that you both agreed on. Can’t really use that against her.

        Sounds like she made a shitty decision by allowing a clause into the agreement that says she will do all the driving....and you are taking advantage of it. I don’t think your argument will stand in court.

        I would either do as Berner says and meet up in your old neighbourhood on Fridays and Sundays or you make the long haul and do the driving on either Friday or Sunday ( I like this idea better as you don’t get stuck driving both nights)

        Pretty crappy for her to just threaten not to see the kids though

        Comment


        • #5
          Legally you are in the right.

          That said, moving 90km away from the mom is a real kick in the teeth to the kids.

          The mom moving in the other direction is even worse.

          You both put your interests over the kids, and neither of you is smelling like any variety of roses.

          Comment


          • #6
            Originally posted by Janus View Post
            Legally you are in the right.

            That said, moving 90km away from the mom is a real kick in the teeth to the kids.

            The mom moving in the other direction is even worse.

            You both put your interests over the kids, and neither of you is smelling like any variety of roses.


            Agreed. All I hear in this post was I did what was best for me, my ex did what was best for her, now we are going to be petty about it.

            Your kids on the other hand had no say in the matter and now have to sit and witness your behaviour which ultimately impacts them.

            Best interests of the kids people. Learn it, live it, love it.

            Comment


            • #7
              Share the driving with each parent being responsible for picking up the kids for their parenting time. Don't do the "meet half way" because that sucks when 1 parent runs late. Let the parent who has the most incentive to get the kids, go pick them up.

              Comment

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