How solid is the burden of transport claus in a custody arrangement?
B.M. has crossed a line and DH is gearing up to retaliate (which makes me ecstatic! He seriously doesn't stand up to the bitc... Often enough), but one thing is making me nervous, so I have come to the people who live it for advice/wisdom.
To explain the situation in as simple a way as possible, I will use point form. - I apologize in advance as I am typing this on my tablet.
-DH and I live in Ontario. BM and SD were living in Quebec. We would drive 9 hours there and 9 hours back bi-weekly to see SD, which was fine as the inlaws live in Quebec as well so we could just stay with them while we visit SD.
-BM met her new guy while playing some video game online. BM decides she is moving to central USA and taking SD with her to live with strange internet man. So begins court involvement in child custody.
- two weeks prior to court date BM married internet guy in a wedding even SD did not attend, and eventually won custody. According to the court this is because SD has been with BM more often than DH. (He was busy working while BM lived off of child support - the court system fails another family - surprise surprise)
- the court did however state that BM is responsible for transporting SD back and forth for mandatory visitation which includes all holidays and summer vaca.
-The court decision took effect this past September when they officially moved, and up to this point DH has driven 2.5 hours across the border to pick SD up from an airport over there. (Flying and delivering SD directly to our city would likely cost BM more than twice as much). In exchange for DH doing this extra bit, he has requested extra bits of time here and there from BM.
-BM has begun refusing the extra time recently - now DH is pissed and is about to demand that she either comply, or we will await SD being delivered to is and picked up from us on the mandatory visits.
So my question is this - if BM refuses, do we have the right to demand this? (According to custody she does bare burden of transport, but will that hold up if we take it to court?). Also if BM does refuse and does not deliver SD, what is our next step?
Thanks I advance steppers - any advice is appreciated!
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Comments
It's pretty solid in our
It's pretty solid in our state. If your DH has to drive the 2.5 hours, he should get a reduction in CS for gas/car maintenance. At least my DH did here in the states.
Not too sure - pretty sure
Not too sure - pretty sure she has some kind of green card or something. I know SD is technically still a canadian citizen according to her passport.
I believe you are correct. I think we will be dragging ourselves through the courts again unfortunately.
She most likely won't have a
She most likely won't have a green card yet. It isn't an easy or quick process to get one. I've sent you a PM with more info.
First, he needs to stop
First, he needs to stop giving her things as they can become "status quo" and he will be expected to continue. Secondly, he has every right to expect her to follow the CO. Absolutely, Demand away.
Seems like he should treat
Seems like he should treat her like he expects problems. You don't do favours for people who give you grief.
Stick to the CO. If she fails to provide SD, file the appropriate contempt charges. US and Cdn law enforcement cooperate (usually) and as BM is in the US due to the generous relationship the US enjoys with Canada and not because she brings anything to the table... her breaking the laws of Canada will be upheld in the US and would prevent her being able to easily return to the US.