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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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It's is the weekend of my x husbands care. There has been an

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It's is the weekend of my x husbands care. There has been an ongoing despute over who's responsibility it is to do the journeys. He has chosen to move away from his family approx 75miles away. He was the one that left and filed for divorce. This has been ongoing for the past year. Who's responsibilities is it to make these journeys? The current situation is that he has them this weekend and is refusing to bring them back on Sunday therefore forcing me to go and collect them or they will miss school on Monday. (150 mile round trip) so far I have been happy to do half a journey one way to help out, but he has continually pushed for me to more, where do I stand regards ***** ***** who would be at fault if they do not get to school on Monday.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
How has the agreement been reached and is there a court order for child arrangement? What is the arrangement - weekly or fortnightly or once a month?
In relation to the arrangements, it would be his responsibility to collect the children from their usual place of residence and you have so far appeared to be promoting the children's contact and relationship by agreeing to share the journey with him. However, it would be extremely unreasonable for you to be expected to undertake the whole journey, especially given that he was the one that moved away from the children's area.
In the circumstances you should inform him that the journey should be shared (at least this weekend), and after which you should either reach an agreement about the handover. This should initially be attempted directly with him, or through an independent mediator (you can find local mediators here: www.familymediationcouncil.org.uk). If mediation does not settle the matter you will then be able to pursue an application for a child arrangement order for the children to live with you, and to spend time with the father. In the order it can have the conditions regarding handover arrangements.
If the children were not to attend school on Monday, this could be seen as partly your fault given that you have day to day responsibility for them.
Please let me know if you have any further questions regarding this.
Expert:  Harris replied 1 year ago.
Hi, this question remains open. Please rate my response positively if you found it helpful - I will not be credited for answering this question without a positive rating. Thank you!