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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33969
Experience:  Over twenty-five years experience
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My ex husband is taking me to the local magistrates court to

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My ex husband is taking me to the local magistrates court to ask for a court order to be put in place, insisting that I help him with pick ups and drops of our daughter (I still live with my daughter, in our marital home in Oxford), he got a job in Ipswich. He only sees her once every 3 weekends (his choice), and I used to help him, but he is claiming special expenses (I.e travel costs) through the CMS, so out of principle, I stopped helping with the drives. We argue all the time about this, and so he is now taking me to court. I have 2 other older siblings, he only has our daughter. Do I have a case to not agree to the order? I am a working mum, with 2 other siblings who need my time.
Customer: replied 5 months ago.
This does not benefit our daughter in anyway, the journey time will still be the same even if I did help with picking her up. My ex is claiming costs from Ipswich to Oxford and back, but I know he sometimes travels to Oxford after a business journey (say, Heathrow), so is not a true fact of what he is claiming. I look after our daughter all the other times, with no help from him, so feel I am justified in him making the return journey himself (2.26mins each way according to google maps). I will be representing myself in court, but he is bringing a barrister.

You do have a case if you can set out that you either can't afford to do it or need to manage/babysit the other children who basically refuse to undertake this journey. There is an excellent book on representing yourself which may also be of help - https://www.amazon.co.uk/Represent-Yourself-Family-Court-understanding/dp/147211910X

Happy to discuss and please rate positive.

I hope that answers your question. Please ask anything as necessary.

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Customer: replied 5 months ago.
Thank you the response; the other children are 18 and 19 so this may not work, as one is at university and the other studying for her A levels. Would the fact that he claims for travel costs, and therefore my maintenance reduced be enough? Also the fact that HE chose to move away from his daughter, knowing how far he would be from her?b The case is on Wednesady, so I don't have much time to read up, so your professional advice would be appreciated.Best wishes,
Leema

Yes the travel costs is a very good point. The fact that he moved away doesn't always work with some courts - the key is to stress how difficult it is for yourself to undertake. Work commitments if true is a very helpful point.

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