Parenting plan: what can I expect if my ex-partner files a lawsuit against me?
Questioner
Dear Sir/Madam, In connection with the divorce, my ex-partner and I have drawn up a parenting plan with a mediator (2016). At the urgent request of my ex himself, it is included that my ex will always come and pick up the children himself and also bring them back to me himself. He did not even want to discuss this with me; this was his demand. (The children are with their father once every 2 weeks for a weekend.) In the spring of 2019, my ex tells me via WhatsApp that he and his girlfriend have bought a house in another city. However, the distance and travel time between his and my house has now doubled (first 14km (17 min.) now 33km (33 min.)). Given the agreements that were in place, I did not make a problem of this (parenting plan: moving within a radius of 50km is allowed). Quite soon after that, my ex wants to change the pick-up and drop-off arrangement. He wants me to pick up the children on Sunday evening after his weekend. I did not agree to his request, because he moved without consultation and thereby made the distance much greater. He did not discuss with me any possible consequences for the children or for me. After the purchase/move is a fact, he wants to change the pick-up and delivery arrangement. My ex is now threatening to take me to court. Where do I stand legally? Suppose he does go to court, what does this mean for me? What will this cost me? Additional: My ex always drives through my hometown when he drives to and from work. On Fridays he wants to pick up the children himself, because he then drives home via work and then still passes through my hometown. No extra time investment. That would mean that he wants me to do the driving on Sunday. Furthermore: My ex has been questioning the parenting plan ever since the divorce. He shouts, lies and when I don't give the answer he wants, he threatens me with lawyers. He doesn't stick to agreements: helping to pay for extra expenses for sports or care. Involves the children in his anger towards me. I have often come halfway with him in the hope of improving the contact somewhat, but he doesn't stop. He has threatened me with lawyers more often, but maybe he will take action now. He has finally suggested that we bring the children back on Monday morning when he drives to work and passes through my village anyway, but our eldest daughter has indicated that she does not want this, because it would mean too much stress for her in the morning. Hoping you can give me some insight into what to expect. Thanks in advance! Kind regardsLawyer
If your ex goes to court, you can put up a defense. Under the circumstances you mention, the court will often rule that he will have to continue to pay for the pick-up and drop-off. After all, he has moved, that was his own choice. It is unreasonable to shift that onto you. If you put up a defense, you can only do so with one lawyer. How much that costs depends on your income. You may be eligible for legal aid. This dispute could also be submitted to the court (by you) now in order to obtain clarity for yourself and the children. If you have any further questions about this, you can of course always contact us.Questioner
Thank you for your answer! For now I am helped with this.Lawyer
Don't mention it.Take the next step
Don't keep questions about your situation to yourself. Ask your question and get a personal answer from an experienced lawyer.
Privacy is guaranteed .
