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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 04-26-2012, 01:08 AM
sahd29 sahd29 is offline
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Default New driving question

Firstly, I apologize to anyone who is sick of hearing my questions about driving responsibilities. We're moving this weekend, though, and with court coming up next month, it's the #1 issue on our plates right now.

Anyway, my ex's other ex (the father of her second child), recently got an order stating that he could move a further 45 minutes from our ex. Not that he could move 45 minutes from his former residence, but that he could actually move anywhere that was 45 minutes further from her. So in essence, the order says that he can move anywhere that won't cause her to have to drive more than an extra 3 hours (45 minutes further there, then 45 minutes further back on the Friday, then again on the Sunday) than she is now, otherwise, he'd have to make up the difference.

I think this should make a pretty big difference in my case, as I can't see the court allowing him to move further than they would allow me to move. He grew up in this area, has family in this area, and he and our ex built a life together in this area. My wife and I moved here only to be close to my son, and have no other ties whatsoever to the area. So I can't see the court expecting us to stay in the area when they didn't expect him to.

That said, while I'm now moving somewhere that wouldn't actually mean any more driving for my ex than she does now, if she only had to drive our son, she does have to get her other child to and from access with her other ex. So what I'm trying to do is come up with some driving proposals, and I'm thinking of using that extra 3 hours that her other ex was allowed as a basis for my proposals. Driving all the way to drop off and pick up my son, then going to drop off and pick up her daughter, would result in 3 1/2 hours of extra driving for her, but only because her ex recently moved 45 minutes north of where he used to live. If he hadn't moved, my move would only have meant an extra 2 or 2 1/2 hours of driving for her, there and back, so it would have been well within the 3 hour window her other ex was given.

Not sure her other ex's move should be able to impact how far I move, but chances are it will, since it impacts the amount of driving my ex has to do. So my question is, should I use that 3 hour window when making my proposals?

FYI, for those not already familiar with the story, my ex is currently responsible for all the driving, because she moved the kids 250 km away last summer.
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Old 04-26-2012, 08:32 AM
CCB CCB is offline
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How do you know so much about your ex's ex? I don't know if I'd bring that into your case.

If I understand correctly, there is an order in place that she drives because she moved away. But now you want to move? If I'm understanding the situation correctly, by moving, you will likely end up sharing some of the driving in the end.

Last edited by CCB; 04-26-2012 at 09:11 AM.
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