Legal Question in Family Law in California
Are the Custodial and Non Custodial parents required to share transportation responsibilities in Ca? NCP moved 45 miles away for a job. CP now refuses to transport the children for visitation. Orders state that the parent receiving the children remain in the house and the parent dropping off the children remain in the vehicle but there is nothing stating who is responsible for transportation. The CP had for the past 1 1/2 to 2 years split transportation responsibilities, it has been a recent development that the CP is refusing to transport. In order for the NCP to fulfill visitation, the NCP must drive to the CP's house to pick up the children for visitation and then drive back to the CP's house to drop off the kids at the end of the visitation period.
Is the CP required to share in the transportation responsibilities? Can the court force the sharing of transportation?
2 Answers from Attorneys
I think it is a pretty clear and necessary implication of the order that if the parent dropping the children is "dropping" and is to "remain in the vehicle" that the parent whose custodial time is ending is ordered to get the child to the other parent's house. If CP does not want to make the drive, it is CP's obligation to comply with the order until they can get into court and get a modification. If CP refuses to transport the children as requried by the existing order, you should file an OSC re: contempt of the existing order. The court can order sharing of driving however the court finds equitable. One last suggestion, if this does wind up in court, make sure you are ordered to pick up the children instead of drop them off. That way the CP cannot pull these games, because you will be there waiting at the start of your time. I should mention, however, that by moving a 90-mile round trip away, the NCP could face a reduction in custodial time or an order that they bear the whole transportation burden. I'm not saying it is likely, but that is a big enough change of circumstances that the whole custodial plan is open to revision.
One thing not mentioned in the previous answer is that generally custody orders contain a "move-away" provision that prevents a move without the consent of the other parent or a court order. You should check your order for such a provision.