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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Could a consent order make things worse?

31 replies

ConsentOrderorNot · 27/12/2020 15:40

DP has recently finalised his divorce, but was advised to leave the consent order until after the divorce was settled.

His ex moved over 200 miles away, and since moving has expected him to do all of the travelling to see his DCs.

He travels the 12 hour round trip journey to see them EOW. His ex expects him to collect and drop off at her house, and has said she doesn't believe it is her responsibility to facilitate any of the travelling.

Sometimes, due to his work commitments, he can't go on a weekend, so he goes mid-week instead, and stays a couple of nights. For all of these visits, he has to rent an apartment in the town where his DCs live to have them. He bears all the costs of travel and accommodation for these visits, which comes to thousands of pounds a year.

DH is constantly knackered from all the travelling. He has a stressful highly demanding job as well, and often travels the 12 hour weekend round trip in between work trips.

He wants to seek a consent order to order to formalise the arrangements. He still wants to see the DCs EOW, but wants his ex to have to drive them some of the way to meet him. He would still have to rent somewhere to stay with them, since they can't make it all the way to his house and back in one weekend. But given that it was her choice to move so far away, he thinks she should bear some of the responsiblity of travel.

On the weeks where he's working a weekend, he would obviously need to travel to where the DCs live so they can go to school. So on those times, he wants his ex to contribute to the travel costs.

His solicitor has made it clear that in getting a consent order, he would lose flexibility, but I think the court would take into account his varying work pattern (it has always been the same), and maybe have one set of rules for when he has them on a weekend and another set of rules for during the week?

Its also clear that any consent order will be made in the best interests of the DCs. On a handful of occasions his ex has relented and driven an hour or so to handover the DCs. Every time she has done this, she has been difficult and awkward, and has said that the DCs were absolutely shattered and difficult afterwards. THey are aged 14 and 12 so they're hardly little kids - and a 1-2 hour journey after school on a friday, and back home on a Sunday doesn't seem too much for them. DH always asks them if they're happy with it, or if they were tired afterwards, and they assure him they are absolutely fine and love their visits.

Does anyone have any experience with a consent order regarding forcing a parent to contribute to the travelling like this? Any advice?

OP posts:
SpaceRaiders · 28/12/2020 00:33

Not that I agree with this, but he can ask CMS to deduct the cost of his travel to see his dc from what he pays in maintenance.

ConsentOrderorNot · 28/12/2020 01:15

Her argument for not helping is that she doesn't think it's her responsibility to help at all.

Genuinely believes that despite her moving the children over 200 miles from their former home (and friends, grandparents and cousins), it is not her problem to help their father to see them.

OP posts:
ConsentOrderorNot · 28/12/2020 01:17

Not that I agree with this, but he can ask CMS to deduct the cost of his travel to see his dc from what he pays in maintenance.

He could - and he is considering that. But he would rather have some of the time back than the money. Time is more precious.

However, she is entirely money minded so it might be a good lever to use as a threat.

OP posts:
Rtmhwales · 28/12/2020 01:46

Out of curiosity, why didn't he get a court order to stop the move before she did it?

We're going to court to stop a 90 minute move of XW with the 2 DSC though in our case it's 50/50 so the move would change that.

SpaceRaiders · 28/12/2020 02:00

If you want any semblance of a decent co-parenting relationship, threatening the her really isn’t the best way forward. Tbh you’ve got maybe 2, possibly 3 years of this arrangement before your teens social lives put a halt to all this travelling back and forth. I wouldn’t think a CAO would be worth your the time and stress. Annoying as it is you cannot force her to share the travelling.

What’s stopping your dh from moving a little closer to his kids?

ConsentOrderorNot · 28/12/2020 10:37

Out of curiosity, why didn't he get a court order to stop the move before she did it?

She left him and moved without telling him. Or the DCs. The trauma she put them all through is unforgivable. He was too traumatised to get an emergency court order to stop her. He regrets it very much now.

He can't move closer without quitting his job and leaving the rest of his family behind. She expected him to do this - I think that was probably her plan, that she would force him to follow her. She told him to do so. But he needed the support of his siblings and parents. He's very close to his sister, who supported him heavily throughout this. His father is elderly and needs a lot of support. There were lots of reasons why it would have severely impacted him to move. Him not following her, and her being stuck with full time parenting was not quite part of her plan.

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