Clarification: filing contempt because father will not/has not followed court orders to drop off and pickup our child. That is the contempt part
My question is how can I petition for my ex to reimburse me for fuel for the times Im driving 30 plus miles for pickup/drop off of our child. Because of his rebellion, I drive 120-180 miles per week. We have day visits and she lives with her dad. So if I don't pick her up because he didn't drop her off, I will not see her
You can file a Request for Orders and request that he pay a set amount towards transportation costs as additional chil support. As an alternative you could request modification of the visitation plan to provide that the receiving party picks up the child for visitation. If he does not want to drive then he waives his visitation. If he does not exercise visitation for a period of time you can request modification of the child support order to be computed on the actual timeshare taking place.
I agree with my colleague. I would consult with a Family Law attorney about the possibility of filing a motion to request an order that the Parties split the cost of visitation equally. Since California has a strong public policy towards both parents having frequent and continuous contact with the child, Courts will sometimes order that the transportation costs associated with visitation be shared among the Parties.
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