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Unable to drive to facilitate contact

  • wave
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15 Feb 14 #422364 by wave
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Hi all, would appreciate any pointers here.

I have shared residence order for children,my ex and I live some distance apart - the judge ordered we meet at a half way point to drop off/collect children. This had been going ok, until recently now my ex has started to cancel contact last minute citing back problems and her inability to drive. I am skeptical, as the medical note from her GP just says back pain - I have been told by friend who is physio that back issues can only really be proven with MRI scan. Has anyone had similar experiences with medical excuses to not facilitate contact arrangements?

  • MrsMathsisfun
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15 Feb 14 #422370 by MrsMathsisfun
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Would you be able to collect from mums so that contact can happen?

Think a court would accept a doctors note as valid reason why she can''t meet half way.

  • marching on
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15 Feb 14 #422378 by marching on
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Hi wave

It could be that she is telling the truth about her back pain. Back pain could mean sciatica - I had this recently and it was too painful for me to drive long distances and occasionally very painful even for short distances. Sometimes I found it too painful too drive and had to get taxis to work.



Hope things sort out for you soon.

  • pixy
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15 Feb 14 #422386 by pixy
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Being a cynical sort of person I would be trying to find out if she is driving on other days for other purposes.

  • wave
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15 Feb 14 #422398 by wave
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Hi guys, thanks for your comments.

I agree, if there is a genuine medical issue-i would understand naturally. Especially as I have suffered a prolapse disk myself.

However, the manner in which the contact is being disrupted in ''shady'' especially knowing the character involved.

Contact is being cancelled last minute(after me waiting for two weeks to see kids). Even when I offer to drive full distance to collect/return children (even though that is not in the order) - other excuses appear!

  • MrsMathsisfun
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15 Feb 14 #422400 by MrsMathsisfun
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If she isn''t agreeing to contact when you have said you will drive all the way then she is breaking the contact order and you could aapply to vary.

  • mankster
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15 Feb 14 #422475 by mankster
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Does the contact order specify that SHE HAS TO DRIVE to meet you halfway? Surely there are other options e.g. a bus (maybe painful to stand) or, as someone suggested above, a taxi? Possibly another family member? or maybe you could do the whole drive and charge her the petrol from her maintenance payments?

Call my cynical, all my friends do.......

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