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30 Jun 2010
cost to see children
My ex wife moved away with our three children from where she used to stay. In the court order I can have the children every second weekend, I must pick them up at 16:00 on Friday and have them back by Monday 07:00. She moved away two years ago and the distance that I need to travel now is 300km to fetch the children and 300 km back, the same distance on the Sunday as It is impossible to do this the monday morning. She did not even consult with me or even tell me that she were going to move, I heard it from the kids after they had moved. I requested from her to bring the kids halfway but she refused. Is there something I can do that will legally force her to bring the kids half way or at least to pay me some petrol fees? As it is at present, the const of traveling is very high and I cannot fetch them every second weekend anymore as it is to tiring.
This is a difficult situation and your ex's conduct is appauling to say the least. Communication between parents post divorce should always be with the best interests of the children in mind. The determining factor is whether an intended move is in the best interests of the child. What was in the child's best interests, however, depended on the facts of each particular case. In determining whether a proposed move is in the best interests of the child, the Courts consider the custodian parent's interests, the reasonableness of his or her decision to relocate, the practical and other considerations on which that decision are based, and the extent to which he or she had properly thought through the advantages and disadvantages to the child of the proposed move. The views of a child is also a factor which the Court will take into account. Now the problem here is that the move had already taken place and it will be difficult to set the decision aside as this will not be in the interest of the children. I would approach the Court if I was you to alter the times you have them during weekends, thereby having them back on a sunday. There is not much you can do about the transport costs, you can try to claim it throught the maintenance court.
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