In the beginning of the divorce I had a car and agreed to transport children 1 1/2 hours away where the father picks them up to be with them during the weekend and then drop them off at the same location so that I can pick them up from there.
However, my circumstances have changed and I no longer have a car to transport them. Can they legally force me to borrow a car or rent a car to transport the children or should the father pick the children up at my house.
He is falsely accusing me of not allowing him to see his children and for violating the agreement.
Please tell me what I can do.
How do you get them to school? Doctor's appointments? Day care? You to work? Etc? There are lots of reasons to need a car unless you do live in a city. And you are violating the agreement if you said you would drive them half way.
I recommend trying to find a way to mediate the issue, but you can't not work with him for the kids to see their dad.
In my city, we have buses that run across city lines.. It's pain to have to take them such a ways a way.. BUT........ I have done it... do you have buses/trains in your area.. When I was in foster lack of care...... At ten years of age, I would ride BART from Concord, CA into San Francisco to almost the end of the line.. it took me about an hour or so from start to finish.. sometimes longer, depending upon the situation.. but that is how I saw my mom.. my foster mother wouldn't drive me into the city..
Again, it's a headache, but if it means the kids see their dad... I guess you could consider it..
good luck
Before you have to do anything, he will have to file a Motion with the court to get back in front of the judge. I would suggest writing him a letter, certified, return receipt requested (not an e-mail or text, a REAL letter) outlining what's going on and your desire to have him spend time with the kids, but your inability to transport them. That way, you can show the judge that you are NOT trying to keep the kids from their father, but circumstances have changed so the agreement needs to change.
Other than that, he could come to your city and call the police telling them that it is his visitation and you are not allowing the children to come. Then the police will come to your house to get the kids. They cannot require you to find transportation and take the kids. He will have to be there to get them.
There really isn't much to do at this point other than to buy/borrow/rent a car or wait and see if he files anything with the court. But do get that letter off RIGHT AWAY
It is important for children to maintain a relationship with both parents when their is a divorce. What type of transportation do you use when you have other important places to go? What type of decree is in your court order? Are you required by law to transport the children to a location or is that something that you mutually agreed on? Does the father live 1 1/2 hours away at the location or is he having to travel to pick them up at the said location? We need more info to give you more advice. Parents must be flexible. What forms of public transportation are in your area?
Do you have a court order that says you must transport? If so, go back to court and get a visitation modification right away.
You need to talk to your lawyer about this.
You may want to investigate zip car or similar, not just for this but for other routine needs as well.
What does the divorce agreement say? Usually, the parent taking possession of the kids picks them up. So if he wants to see them, he should be coming to get them.
Of course, you would have to go get them back afterwards.
Contact your divorce attorney immediately. You need to deal with this as soon as possible. You will either need to renegotiate the terms of the visitation or you will need to arrange for use of a car (friend, rental, etc). I am assuming you didn't have your license revoked or anything (that would mean you definitely need to go back to court to renegotiate).
If you don't have a car there is not much you can do about it. I would write a letter to your attorney/courts to take care of this.
As for someone stating that the police will take your kids and hand them over to their dad. It won't happen like that.
It's not a fase alegation if he is telling the truth.
Get the court order changed to reflect your new situation and until you do that-borrow a car or get them there some other way.
