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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I seperated from my partner at the end of 2007, and had to

Customer Question

I seperated from my partner at the end of 2007, and had to move to back to the London area, when they lived in East Sussex. Since separating i have always paid maintenance at a level set out on the CSA web site, and have had the children every other weekend, alternate christmases, and the occasional holiday. As well as this, 99% of the time i have made the round trip to collect them and return them. We have both recently moved, which has meant we now live over 100 miles apart, so every other Friday, i make a round trip of over 200 miles, which can sometimes take over 5 hrs, then the same again on the Sunday. I have asked her to share the journey, but she point blank refuses, so would be grateful if you can advise on the below?
. Can i insist she shares the traveling, IE meet halfway, or do one of the round tips?
. Or can i deduct the fuel costs incurred from the maintenance i pay?
Many thanks in advance.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old are the children and how far did your ex move?
Clare
Customer: replied 2 years ago.

My children are 11 and 20, and my ex moved another 20 miles from her last home.

Expert:  Clare replied 2 years ago.
Hi
Can the children not travel part way by train?
Clare
Customer: replied 2 years ago.

Hi,

My eldest rarely comes down now, so I will generally only collect my son of 11, and he is to young.

Regards

Expert:  Clare replied 2 years ago.
Hi
Does your older child drive - could s/he help?
Clare
Customer: replied 2 years ago.

Unfortunately she don't drive, and works most weekends.

Expert:  Clare replied 2 years ago.
Hi
It was worth a question!
It i snot unreasonable for you to ask for help with the travelling given that your ex too has now moved further away
Not necessarily half way - but certainly some part of the journey.
Your starting point is to try and discuss matters with your ex using Family Mediation
www.familymediationhelpline.co.uk
If (when) that fails you can apply to the court for a Specific Issue order to deal with the issue and let a court decide
You can read more about court applications here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/cb001-eng.pdf
The alternative is to have an official assessment by the CMS (new CSA) and once the assessment is made apply for a variation based on your excessive travel costs
I hope that this is of assistance - please ask if you need further details
Clare

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