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Hi,
I am in the process of varying my current contact order.
One of the reasons I am applying to vary this - I would like my ex to share the driving - eithet to collect our 4 yr old son when my contact ends on Sunday or to drop him off when it begins on Friday.
She has only ever done a drop off or collection on 5 occasions. Before the contact order was in place, contact was done by mutual consent, with her stipulating that if I wanted to see our son, I had to drive to collect and also drive to drop him off. So I effectively had no choice but to agree.
With the costs of travel rising, and also the fact that an hour of my contact time is spent travelling, is it likely the judge or CAFCAS will recommend my ex gets involved in the driving?
Please help!
I'm not sure if the contact order will specify who drives, as they are more concerned with the contact itself. One for the legal experts I think.
I am in the same situation. I drive a round trip of 80 miles to collect my son and then again to drop him off. I cannot do anything about this apprently other than apply for a variation in my CSA payments. It doesnt replace the 2 hours I lose every week with my son while I have to drive though.
The thing with applying for the variation in child support - you may already have this applied - depending on how many nights you have them per year.
Its the cost, but the loss of time that is the sad thing. And she poin blank refuses to do it! 😈
The thing with applying for the variation in child support - you may already have this applied - depending on how many nights you have them per year.
Its the cost, but the loss of time that is the sad thing. And she poin blank refuses to do it! 😈
A variation for costs of travel is in addition to one for having your son for more than 52 nights per year. The CSA do expect you to bear part of the cost (£15 per week possibly, but I could be wrong on this) and then over this amount is taken into the calculation of what you owe - it probably won't make too much difference though.
If you get a court order ordering staying contact, you could of course say to your ex that it is for her to come and collect your son at the end of contact. She couldn't refuse to allow you to pick him up for contact as this would be breaching the court order, so couldn't restrict your contact - you need the Childrens Legal Centre to give an opinion on this before you do anything.
Dear Cantona,
Thank you for contacting the Children’s Legal Centre, an independent charity concerned with law and policy affecting children and young people.
Generally it will be for the person who wishes to have the contact to collect and drop off their child, unless otherwise stated in the order.
The courts do quite often put conditions for the travelling in contact orders where only one party has access to a vehicle, there is a considerable distance or cost, or if the other party has shared this previously.
It is not possible to say whether or not you will be successful as each case is treated individually and decisions made based on the particular circumstances.
It is not unusual for the court to order that the resident parent shares the travelling, whether this is by one parent doing all the travelling one weekend and the other the next, meeting half way or as you suggested one parent picking the child up for contact and the other parent picking him up to take him home. The court will also often order that the resident parent pay towards the costs of travelling should they not help with the travelling itself.
Until the order is varied by the court the mother will have no legal obligation to help with the travelling in any way, and will only have to do this if she wishes to.
You can apply for variation, and there is every possibility that you would be successful in this, however it will be for the court to decide whether to vary the order based on the details of your particular situation.
We hope that this information is useful to you, should you require further advice please contact the Child Law Advice Line on 0808 8020 008 and an advisor will be happy to help.
Kind Regards
Children’s Legal Centre
Thanks for the response and information.
I know (from previous experience) that they will not ask my ex to assist with the driving or indeed payment. She has access to a fully working car like I do, but CAFCAS will not 'change the status quo'.
I thought there might be a way around it, but by the posts on here, looks like I am not going to get any positive outcome on this subject.
I am varying the order to get more contact, and this was just one of the side issues. If I have to drive more to see my son more often, then so be it!
Thanks again
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