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Can you be made to facilitate access in court?

Answered 2 years ago

My ex lost his license and lives an hour away. I'm not in a position to do all the driving for his access, but have been told I will be made to. Is this really a thing???


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ANSWER
2 years ago
Utilise a children’s contact centre, they do handovers as well

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REPLY
2 years ago
I've never heard that before. That's a great idea ;)

ANSWER
2 years ago
Absolutely under section 60cc every child has a right to access to both. You will be made to ensure it happens. I recommend seeking legal advice and reading thE legislation. Anything you can do will be deemed as vexatious be careful

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REPLY
2 years ago
Surely there are other options that he should have to be responsible for?? He can arrange someone to give him a lift to do pick up or drop off, he can catch an uber or taxi or public transport. Why should the mum have to deal with the consequences of his actions?? What if her car breaks down or is in a crash and she has no way to drive? What if she lost her license too? What if she broke her leg and was unable to drive for several months? They'd have to figure it out and make alternative plans. I dont see how this can all be on her.

ANSWER
2 years ago
Wow that's bullshit! He lost his licence - his own damn fault - and now you're meant to rearrange your life because he fucked up?

Any chance this is something he'd do on purpose to spite you? Does he have a history of this kind of behaviour (sounds like he does by your comment about him playing games/not answering the door for 30 mins so you're late to work)? If I were you I'd be recording (use your phone to email yourself so it's timestamped) each and every one of these instances. Just a date, time, brief description of what happened and what the consequences were, maybe a photo to prove it (eg your watch & the kids outside his door) in case he tries to dismiss your claims.

Eventually this could count as evidence against him, or against your shared custody agreement, or if something goes wrong you can at least prove that he has a history of acting like this and that it's who he is as a person/dad. At the very least he won't be able to say "no, she's making it up, I'm always doing everything I can to see my kids, she makes it hard for me" because you'll have tens/hundreds of instances where he's messed you around or messed the kids around.

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REPLY
2 years ago
I don't think he did it deliberately, I make him pick the kids up, and if he is late he gets them from my parents. If I drop the kids to him before work it's too early so he just ignores us. I told him I would drop off and pick up once a month if he agrees to use a police station as a collection point, if he isn't there I won't wait, and will have proof he wasn't there at the agreed time.

ANSWER
2 years ago
I don't have an answer for you but hope it works out for you. I don't know the laws but it doesn't seem like you should risk your job, so he can see the kids. His fault for losing the license. All the best 💕

ANSWER
2 years ago
Does he care for them while you are at work? Book daycare and set other times for him to see them that won’t mess with work

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REPLY
2 years ago
They are at school and see their dad 3 week ends a month. I usually work on those days. I could try to change my work days, but I don't think I should have to spend 4 hours in the car so he can see them.

ANSWER
2 years ago
I would imagine access conditions could be varied if it affects your ability to earn an income and support the kids. Like it being your non-work times, not evenings during your working week.
If you give us more information, maybe people could give you more useful and relevant advice.
Let us know how you go.

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REPLY
2 years ago
I could drop them off before work as I work when they are with their dad, but he plays games and won't answer the door for half an hour so I'm late. It's not so bad picking them up. But I will end up losing my job and car if I have to drive them.

ANSWER
2 years ago
Short answer, yes - depending on the judgement of the court.

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REPLY
2 years ago
Even if having to so will cost me my job?

REPLY
2 years ago
You should be able to oppose. Sorry you're going through this x