Legal Question in Family Law in Iowa
Transportation Responsibility not stated in Divorce Decree
In my friend's divorce decree he was awarded joint custody with visitation rights. His wife was awarded primary care. In the divorce decree he is awarded visitation from Friday at 6pm to Sunday at 6pm. The decree does not mention who is responsible for visitation transportation. He lived in the same town at the time of the divorce. He moved 2 1/2 hours away two years ago and has been doing all of the transportation. On his most recent visitation he picked the kids up and advised his ex-wife that she would be responsible for picking them up Sunday. Since he is not refusing to give them to her at 6pm on Sunday, just that she has to come and get them. Is he in violation of any law or contempt for not returning them home?
2 Answers from Attorneys
Re: Transportation Responsibility not stated in Divorce Decree
Check with Georgia counsel, but no he should not be held in contempt. HOWEVER, is he right? No. The arrangement had been that he handled transportation and he cannot move away for his convenience and then expect the ex-wife to pick up the slack. Instead, he needs to file a motion in court, which he SHOULD have done before moving so far away. He moved, he should transport the kids,--especially since she has primary care. Taking the kids and then refusing to return them is not contempt, but it's not fair either and looks bad.
Re: Transportation Responsibility not stated in Divorce Decree
The father is and would be in violation of the visitation order, and could be held in contempt of court order, since HE refused to return the child/ren as required, at the end of HIS visitation period.
Whoever takes the children is responsible for returning them home, whether it is stated in writing or not; and notwithstanding the "removed to point;" unless the parties agree that it will be otherwise.
Please note, a noncustodial parent's visitation is NOT a "joint parental obligation."
Good luck,
PHROSKA L. McALISTER,ESQ
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