Legal Question in Family Law in California
Refusal to drop children off at new location
I've notified my ex that starting November 1st, on his Wednesday night visitation he will have to drop off the children at our home(which is 20 miles away from his) instead of the current location which is over an hour away. He is stating that he will not do so and will only drop them off at the old location. What can happen to him if he drops the children off at a location where no one will be there to receive them? We have moved to our new location in August 2006.
1 Answer from Attorneys
Re: Refusal to drop children off at new location
The answer depends upon what the court order says about the exchange. If the court order states that he is to return the children to mother's home then he should return them to your home. If the court order states the he is to return the children to 123 Elm Street, then he is merely obeying the court order. I suspect that he will not just leave the children at the old place, but will wait 15 to 30 minutes and then take the children back home with him as no one was there to receive them. You should obtain a court order changing the exchange to your home. Also consider changing the court order to provide that the receiving parent is to provide transportation. This provision will make it more difficult for him to place you in the difficultt position you are now in. If the driving distance and time are significantly shorter to your new location the court will not be pleased that he did not simply agree to the change of exchange out of court.
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