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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34135
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My husband takes the children for overnight stays and then

Customer Question

my husband takes the children for overnight stays and then he asks me to return them. Is this legal? one is 18 and one is 8 but there are no buses on sundays and holdiays where he lives. Besides the bus one way costs £15. what should i do?
Submitted: 11 months ago.
Category: Family Law
Expert:  Clare replied 11 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further details

What is the actual pattern of contact?

Customer: replied 11 months ago.
well it was usually friday afternoon to sunday because children were at school but i let them go whenever he/my ex wants because his parents are here for a visit. I don't know why he wants me to pick them up
Expert:  Clare replied 11 months ago.

How long can then be away if need be?

Customer: replied 11 months ago.
lrngth of stay is not in dispute, who returns them is the problem. He say he picks them up from the house so I should pick them up for reruns from his house,
Expert:  Clare replied 11 months ago.

I was meaning this week - if he refuses to bring them back today will it hurt if they stay there until tuesday?

Customer: replied 11 months ago.
oh no, but the question is not that. We simply want to know if there is a law on transportation. He says you have to cooperate and bring them back, one way me, one way you. Is there a law on this? for me the reasonable thing is that when u take them, u return them yourself
Expert:  Clare replied 11 months ago.

Ah I see - my apologies.

Who moved away - you or your ex?

How far away does he live?

Customer: replied 11 months ago.
We are living separately dice November. I live in marital home and he live*****away
Expert:  Clare replied 11 months ago.

Fine - so only 20 minutes if you have a car - which you do not?

Customer: replied 11 months ago.
I have a car but he is not paying child maintenance as orders by cms and this is only responsibility.
Expert:  Clare replied 11 months ago.

Can I just check - is there actually a bus they could get to him on?

Customer: replied 11 months ago.
No bus on Sunday's and bank holidays and other days it costs 15£ one way which he wants me to pay
Expert:  Clare replied 11 months ago.

There is no set rule.

In general terms where appropriate it is expected that parents will indeed share the travel between them - unless one parent has moved far away in which case that parent might be expected to bear the larger burden of travel.

In this case a 20 minute journey would not be seen as unreasonable for you to undertake - if he was paying the CMS assessment.

Since he is not I suggest that you tell him that you will deal with the collection as and when he deals with the maintenance

Please ask if you need further details

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