Sharing travel for contact
26 March 2021 at 6:43 am #52006
The second hearing (magistrate) ruled driving is to be shared. I am unable to fulfil that and will be in breech of the order. I have made an urgent variation to the order. I would like to hear what other people’s experience of this is. The magistrate wouldn’t let my barrister speak at times during the hearing and am considering a complaint to the court. I would welcome your experiences.26 March 2021 at 9:52 am #52011
I would read your court order and see if it has been ordered or agreed by consent. What is the distance you are needing to travel?
I assume you are mum of child/children and sharing travel? Do you have a final hearing to attend at a later date?
How long is contact for , is there overnights etc ?26 March 2021 at 10:00 am #52014
Sharing of travel has been ordered. It’s 160 miles each fortnight.
I am the mother and yes there is a final hearing but with my experience of the first and second hearing I don’t feel confident the court will appreciate my position. My position and evidence to support me being unable to carry out the journey were in the court bundle etc but still it was ruled to be shared. CAFCASS are aware of my situation but deem it essential our child see both parents working together at handover yet the court have ruled it doesn’t have to be that carries out the journey. They state I have a good support network but I don’t, there isn’t anyone else that can fulfil the journey.26 March 2021 at 10:16 am #52015
What you should have is an interim contact order where it looks like they are wanting your child/children to see their dad . This maybe a temporary measure where it isnt unreasonable for you to share travel for a short period of time.
When you have a final hearing i would of thought that dad is likely going to have to do all the pick up /drop offs .
Its unlikely the courts will variate the interim contact order as theres a final hearing coming up. When are you next due to do 160 miles travel . Does dad have child/children for 2 nights every other weekend?26 March 2021 at 12:02 pm #52017
It was a DRA hearing. I have asked dad to carry out the travel (something he was already doing) but his solicitors wish to enforce the order. I am varying the order and speaking with CAFCASS but keep being told the decision has been made by the court but that decision wasn’t based on all of the supporting evidence but like you say, it seems the final hearing may address that. I still feel a complaint for the treatment in court at the DRA is necessary, have you had any experience of the complaints procedure?26 March 2021 at 1:23 pm #52019
I wouldnt complain and if court have made the decision cafcass cant change it. It is just an interim contact order to make sure dad sees his children. You only got to say at final hearing you cant do handovers. Your dad is currently doing them as its for a short period of time to ensure children see their dad. At final hearing you could say you not willing to meet halfway and he will need to pick up and drop off. You could if possible maybe agree to doing the odd pick up and drop off during summer holidays . At the end of the day nobody can make you do drop off and pick up long term . Virtually in most cases dads end up doing it all unless there are some real serious circumstances why a mum should.
I would follow interim order for now until you get to final hearing as that will bode well. Have you considered asking your ex if he was to pick up his child/children and drop off he could have an extra night or two in return with it being easter.27 March 2021 at 6:51 am #52037
I’m not able to do the hand overs for medical reasons and I and my solicitors have tried to ask dad to continue to travel to have contact but their position is that they will enforce the order. The only person missing out is our little one. Such a sad state of affairs 😓27 March 2021 at 2:02 pm #52050
Its only until final hearing. I would continue rather than give them upper hand in this stressful family court battle you are going through. At final hearing you will be able to change it. Not much longer to go and what is important is that children are seeing their dad and contact is maintained. Your dad hopefully can do all pick up /drop offs until final hearing where you can make it clear he is unable to help anymore and just done it in the interim.27 March 2021 at 7:54 pm #52056
I recently complained about a hearing I attended and the order made has been immediately dismissed ….. and relisted again with the same judge! I’m not looking forward to that hearing.
Apparently, it’s standard that if a complaint is received, a judge has the right to review her/his decision.27 March 2021 at 8:20 pm #52057
Have you seen the facts and reasons from the hearing? I’m guessing you have. There is a large percentage of mine that weren’t actually discussed. The final one being that mother accepts she had a good support network. Something that wasn’t discussed or covered in my position statement, CAFCASS report or during the hearing. My mind is blown! These people cannot be left to get away with it, the more we stand up to it the more we challenge for the better. Good luck and if it’s in the courtroom dress sharp 👌🏻28 March 2021 at 6:37 pm #52082
I’ve had the same issue. I went to court recently and interim was made. My position statement is about to be submitted. I agreed to drop offs but father at the time only lived local, he’s now since relocated twice, last location being an hour away. I was quite shocked that the judge granted this, as at the moment I’m having to rely on UC to get me by and also CM payments have been reduced. I too have a final hearing but have been told it most probably won’t be heard until July, so at the moment I’m having to basically scrape money together to drop my children off and assist him. But I will be raising these issues in court. The judge was also very abrupt with my hearing, and I felt that she couldn’t really be bothered in listening and just wanted to rush it through. It has all made me feel very anxious when it next goes to court.29 March 2021 at 4:19 pm #52138
I’m Michelle one of the Moderators here. It may help to get some information on the steps you can take in moving forwards with your current situation. The Family Rights groups may have some experience with what you’re describing. You can contact them via the following details.
Family Rights Group on 0808 801 0366 https://www.frg.org.uk/ They advise around options where decisions have been made by the courts or social workers around their children’s welfare
There’s also some information within the Gingerbread site about contact arrangements that may provide some insight into some of the issues your managing. Here’s the link below:
I hope this helps a bit