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View topic: travelling arrangments – Family Law Web Guide
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travelling arrangments

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I have had a parenting agreement in place for the last 14 months and reviewed it in court today.
I have been doing all of the travelling to pick up and drop off my child as the mother refused to drive at all. I asked in court if we can share the travelling, to which she refused again. She also refused to meet halfway beween the two homes- it is a 30km drive one way
There is nothing in the agreement which states who travels to pick up and drop off, So I said I will pick up my daughter as planned but refused to drop her off again, saying that the mother can pick her up.
If I did that, I will be in breach of the plan, also she said if I refuse to drop her off, she wont let me take her- putting her in breach of the plan

Has anyone got any advice around this?
Namaste - Just to confirm, do you presently have a parenting plan, or do you have orders in place. The reason I ask is that you say you had it reviewed in court today.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas
we have orders in place..
Obviously there isn't any provision within the orders in regards to the travel I take it? Are the orders final or interim?

In some locations 30km can be a big deal (traffic) and in other locations less of a big deal. You know your own situation. I am not sure I would want to put myself in a position of touching on contraventions simply for the reason that if I am doing the travel time so can you. Don't get me wrong I can see what you are saying, I just think that there may be more important things for you to consider.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas
Yeah I can see both sides to the arguement as well. Her arguement is that If I want to see my daughter it is up to me to travel.
My arguement is she is a stay at home mum who only goes out to socialise and I work full time and drive up to 400km a week with work.
It is a gray area as there are no specific agreement regarding traveling arrangements. However, there is surely an agreement that say the father will have EG: B from 4pm Friday until 6pm Sunday. They would be binding and even though there is nothing about traveling arrangements you would definitely be at risk of contravention if the child(ren) were not return to there mother at the agreed time.

My circumstances are quite different to yours but I would like to show you another perspective. I travel 975kms to see my children and the interim orders do say that I must have them back at a certain location. 30kms can seem like a lot sure but I ask that you think long and hard before making a decision to refuse to drop off the child(ren). I am not aware of your circumstances, but, I strongly believe that you would end up in court  if you refused to drop off the child(ren). Or at the very least if mum doesn't agree to pick up or is forced too you would  be  in court to battle over it.

I have sat in on cases where the parents argue over Pick up and Drop off. Given that it is only 30kms or so, on 2 of 3 occasions the Magistrate has ordered that the father Pick up and Drop off. The third occasion was Pick up and Drop off at a McDonald's Car Park by the father as the parents did not get along.

Always keep in mind Namaste that "it is in the best interests of the child". Obviously your daughter enjoys spending time with you and that would include the car trips as well.

I know it is frustrating for you but it leads to quality time with your daughter and that is the important point.
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