Transportation Issues


#1

It states in our separation agreement that the husband/father is responsible for facilitating transportation to and from child care daily. He is now trying to have his mistress and her daughter pick up the children instead. What can I do since we agreed on this and he is not following it?


#2

Depending on the exact language of the separation agreement, it may be within the father’s right to arrange alternate transportation rather than him picking up the children himself.

If the separation agreement is clear that he is to be the one to pick up the children and he is not, then he is in breach of contract. You can threaten a breach of contract lawsuit and file such an action.

For more detailed information on this issue, check out our article Breach and Enforcement of Separation Agreements in North Carolina.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

It states exactly “The husband shall be responsible for facilitating
transportation for XXXX daily to and from child care”

It later states “The Father will pick up the children at the residence of
the Mother when the children are to reside with the Father.”

Please comment.


#4

The word “facilitating” seems to indicate that the father is only responsible for organizing and ensuring that transportation to and from child care is arranged.

In the second sentence, it is clear that only the father can pick up the children from your residence when the children are to go to his house for his visitation period. If he is not doing this, then he would be in breach of contract.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

Thank you. Since this is a separation agreement though, it only seems
fitting that if someone else picks up the child, I would need to agree to
it .


#6

This is an inconsistency that will need to be addresses in the final
custody settlement.


#7

@mykidsmatter - assuming the person providing the transportation is a good driver, does it really matter who does it? Could your ex hire a school transportation service if he wants to? Perhaps your ex has to work and get someone to help out?