The judge will probably make her meet you, especially if their incomes are somewhat similar. If not he can use the money he spends on gas as an extrordinary expense on his side of the support calculator.
almostdone is right, but you need to make sure it is in writing in the order that defines the specifics of the visitation. If it is not in the visitation order, then you need to try to get it modified to include this. The basis that the ex has moved 2 hours away should be sufficient grounds as the “situation” since the order was established has changed. Make sure you advise the Judge the ex agreed to meet half way and has refused to do so. Keep a log of all the times this happened and the any other situations like this. It might not be a bad idea to have a witness or a notarized statement from a witness.
We started keeping a log several months ago before she even moved. We log all convesations, etc. with dates and times so we can later pull cell records if necessary as proof.
Their agreement does allow for modification specifically regarding a move over 50 miles. The agreement is between the two of them and notarized and the courts have not been involved (yet). If the “games” continue, then we will have to get a judge involved.
Thanks for the advise!
My husband’s ex recently moved 2 hours away from our city. He is now having trouble with visitation. She agreed after her move that she would meet him on his visitation weekend at the 1/2 way point between our homes. One weekend she was unable to meet him to pick up the children so we were forced to drive the full 2 hours (4+ hours roundtrip) to take the children home. Recently, she was unable to bring the children at the beginning of the visitation, and my husband refused to drive the 4+ hours on that occasion.
For the past 3 years, prior to her move, my husband always drove to her house to pick up and drop off the children. She was frequently not even at home and had left the children with their older sibiling.
My question…will a judge require her to meet us 1/2 way? My husband wants to see his children, but it is unfair for him to be expected to drive over 8 hours (two 4 hours trip) every time he sees them.