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Pickups / Dropoffs
Hi guys, 

Hopefully a quick question... due in court in a couple of weeks about civil moving... 

If I've done all the pick ups and drop offs for the year and a half that we've been split. My ex is looking at moving an hours drive away but will I be expect to continue doing all journeys if it's her that wants to move? 

Her point is that she doesn't have a car(does have a driving license) but has said her new partner will be able to do some trips if he's not in work but I'll have to do the rest. 

My question is would she be allowed to move considering she has no means of getting them to me apart from if her partner is available otherwise it's down to me?

Just trying to look at all aspects.  

Thanks! Smile
Sticky one mate...

Ideally you agree to have a plan... you pick up on a Friday... she picks up on a Sunday... it works out 50:50 and this thread is irrelevant

However, give em a inch and they take a yard eh?!

i reckon you could put your foot down and fight your corner and as she is moving maybe she should have a plan at least to help - her new partner could lend her his car.

Work out an annual mileage and cost .... Someone may know if you can deduct the petrol or a % of it from CMS - think you can

PS - don't get me started on cars
I provided a car for my ex for many many years... even offered to get her a car of her own, but no she just drove mine around like she stole it scratching the doors on any shopping trolley she could find.
Highlight of the my week was T-cutting the newest scratch at the weekend :-)

Now she has her own car and after eventually finding the fuel cap and having it serviced ... she's not stop whining about how expensive cars are to run and even complained to a judge once that I refused to buy her one :-) :-) :-)
Crazy isn't it!!!

I've said I'd do half the trips but she's asked who would do the other half seeing as she doesn't have a car!!

Absolutely barmy!! One day I'm sure we'll be able to have a pleasant conversation!

From my experience with the courts I would think a judge would look at this the following way.

1. Did you contest the move and have you applied for a PSO?
1.1 if not, then this will weaken your case as it could be seen "legally" as you have accepted the move with all consequences.
1.2 if yes, then this will certainly help your case.

2. The judge will look at the overall motivation for the move and should apply the welfare checklist. Saying this the court should of course also consider your arguments against the move if you have applied for a PSO.

I will take your "illusion" now that a judge will most likely not decide against a move just because mum can't do the transfer anymore.

This is an aspect which needs to be considered of course but it will not be the determining factor.

The judge will look at what implication this has in terms for the child and contact to you.

My feeling is if mum has a strong and reasonable case for the move that 1 hour travel time is deemed acceptable to burden you and your children with.

So, in essence you have little arguments to prevent such a move unless your ex is really playing stupid.

Knowing that a judge would in general allow the move it then needs to be decided how the transfer will work in future.

Again, you have I believe little chances of enforcing mum to bring the child to you if she simply has no means to do so.

The judge will I believe put this on you and tell you to reduce the maintenance payments accordingly.

In my own case my ex also moved a 1 hour away but we somewhat shared the travel. Me more than her. In court she raised this with the judge asking if it's not down to the father to do all the travelling where the judge said it is not straightforward as such and she would look into serveral aspects. I had the feeling she was saying that if you can't agree I order that you meet halfway.

But in my case my ex had access to a car and we already shared some travel time.

If you ex says she has no car or no access to a car then I believe this will go against you.

The question here is does she use the car of her partner and does she has access to it?

Can you prove any of this? If you can convince the court that she frequently uses the car then her argument of having no car is going nowhere....



Person story on car:

I had a leased car through a work scheme which I completely left for my partner to use.
When we separated I asked for the car back because the insurance would not cover her anymore as we were not 1 household anymore.

I then got nasty letters from her lawyer how I could take a car from a pregnant woman and what devil I am.

The stupid judge even gave her right on this one and it didn't matter that there was no insurance. Pathetic, really.

Thanks Frisbos.. I'll message you just to clarify a couple of things! Smile

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