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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34275
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: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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 1 year 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 1 year ago.

How long can then be away if need be?

Customer: replied 1 year 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 1 year 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 1 year 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 1 year ago.

Ah I see - my apologies.

Who moved away - you or your ex?

How far away does he live?

Customer: replied 1 year ago.
We are living separately dice November. I live in marital home and he live*****away
Expert:  Clare replied 1 year ago.

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

Customer: replied 1 year ago.
I have a car but he is not paying child maintenance as orders by cms and this is only responsibility.
Expert:  Clare replied 1 year ago.

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

Customer: replied 1 year 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 1 year 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