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pick up / drop off responsibilties
#1
Any advice on the following would be very welcome. My ex-partner and I have a two and a half year old daughter.  My ex chose to leave and moved to Bath. I live in London.  We signed an agreement between the two of us where I would have my daughter every second weekend.  I would pay 3 out of the 4 train journeys a month. My ex would pay 1 of the 4 train journeys a month.  (Each return journey costs £60 so that's £120 each weekend I see my daughter).  I am already paying more than the CMS advises as support.  My ex is now saying that she has no responsibility for pick up or drop off costs whatsoever.
I would have thought this should be a shared responsibility.  Is there any precedent?  Any suggestions or advice would be much appreciated. thanks
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#2
Hi. Unless you have a shared residence order (ie child lives with both parents), then you probably are expected to do pick ups and drop offs. However if there are no court orders and you had an agreement she isn't keeping to, you might need to apply to court to get an order. I would suggest you apply for a court order anyway in case there are more difficulties now she's living further away. You would be expected to go to mediation first. So google mediators in your area and get an appointment asap. The first one is just for you and is called a MIAM. Your ex will then be invited to attend. If she doesn't, then the mediator can sign you off and you can apply to court for a defined order which will specify days and times daughter is with you and who pays for transport.

You could try politely negotiating by email and say that you realise she is not obliged to pay for the transport,other than it had been agreed, but that you are also not obliged to pay as much child support as you do and you pay over the assessed rate

Of course if you suggest reducing the child support she may stop contact. So maybe just go for mediation. Especially don't risk not seeing daughter over Christmas.
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#3
(12-14-2017, 12:06 PM)chrisr Wrote: Any advice on the following would be very welcome. My ex-partner and I have a two and a half year old daughter.  My ex chose to leave and moved to Bath. I live in London.  We signed an agreement between the two of us where I would have my daughter every second weekend.  I would pay 3 out of the 4 train journeys a month. My ex would pay 1 of the 4 train journeys a month.  (Each return journey costs £60 so that's £120 each weekend I see my daughter).  I am already paying more than the CMS advises as support.  My ex is now saying that she has no responsibility for pick up or drop off costs whatsoever.
I would have thought this should be a shared responsibility.  Is there any precedent?  Any suggestions or advice would be much appreciated. thanks

It is normal for the Non Resident Parnent to have the cost of transport etc. However, as she decided to relocate, my suggestion is put CMS in for Child Support and only pay what they say. Ask them to take into account your excessive travel for contact costs, due to her relocation.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#4
(12-14-2017, 06:07 PM)Charlie7000 Wrote: Hi.  Unless you have a shared residence order (ie child lives with both parents), then you probably are expected to do pick ups and drop offs.  However if there are no court orders and you had an agreement she isn't keeping to, you might need to apply to court to get an order.  I would suggest you apply for a court order anyway in case there are more difficulties now she's living further away.  You would be expected to go to mediation first.  So google mediators in your area and get an appointment asap.  The first one is just for you and is called a MIAM. Your ex will then be invited to attend. If she doesn't, then the mediator can sign you off and you can apply to court for a defined order which will specify days and times daughter is with you and who pays for transport.

You could try politely negotiating by email and say that you realise she is not obliged to pay for the transport,other than it had been agreed, but that you are also not obliged to pay as much child support as you do and you pay over the assessed rate

Of course if you suggest reducing the child support she may stop contact.  So maybe just go for mediation.   Especially don't risk not seeing daughter over Christmas.

Hi Charlie, Many thanks for the reply, it is very sound advice and I'll follow it. Re Christmas she has already said i can/i can't/I can see my daughter on the day so it is anybody's guess. will go for mediation and see where that leads,
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