Legal Question in Family Law in California

On Tuesday, my ex wife informed me that her and my daughter will be in Ventura for the last half of the week. which is at least an hour and forty five minutes from my home. My ex wife lives in the same town and normally the drive to pick up my daughter is ten to fifteen minutes. My ex wife said she will meet me half way at 8:30 AM on Saturday because its my weekend to have her. So I still must drive almost an hour to get my daughter. I looked in our divorce judgment, it only says in dispute about driving arrangements receiving parent will pick up. So basically my ex wife can drive all over the state and i must follow in order to pick up on time? this hardly seems fair. Isn't assumed that she will be ready in at least somewhere in the city in which my ex wife normally resides for me to pick up? My ex in-laws go down to Ventura and other various destinations very often so i fear now i lifetime of driving immense distances to get my daughter for the already little time that i have her. I'm afraid to start a war to do the same thing back to her just to prove a point. I'm by far the more timid or considerate one. I jwant to keep the peace but be fair.


Asked on 6/16/10, 8:17 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

My wife and friends always complain that I put too many details into contracts; you can see why. One can assume that a reasonableness requirement is implied in the terms of an agreement. But it would be unreasonable to state that your ex can not go on any vacations. So your having to travel a further distance 2-3 times per year is not unreasonable. See if you can work out. If it is a trip your daughter is not that happy about, maybe you could trade exchange dates with your ex.

By the way, being timid does not help you in life. Even the Bible does not say the timid shall inherit the world.

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Answered on 6/16/10, 1:06 pm


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