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Custody Order Prohibition on Using Third Parties to Transport the Children

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  • 09-03-2013, 10:41 AM
    cdcellular
    Custody Order Prohibition on Using Third Parties to Transport the Children
    What is the name of your state (only U.S. law)? Missouri

    In the divorce papers it says the following:

    2. Transportation: Mother and Father agree to meet for all drop-offs and pick-ups at the mutually agreeable location of either XXXXX or XXXXX at 6:00pm on Friday through and ending at 3:00pm on Sunday.
    Neither parent shall have or send any individuals to pick up, drop off, or transport the child for their periods of visitation or custody.

    Does this mean that no one at all can transport/drive the children while the parent has custody, or does it mean no one can transport/drive the children to/from the exchange?
  • 09-03-2013, 11:05 AM
    Mr. Knowitall
    Re: Custody Order Prohibition on Using Third Parties to Pick Up and Drop Off
    The language you have provided, as presented, relates to exchanges.
  • 09-03-2013, 11:07 AM
    jk
    Re: Custody Order Prohibition on Using Third Parties to Transport the Children
    taking an excerpt from an order often does not allow for a proper reading of a statement as other portions of the order often provide definition, either specifically or by context, of other statements in the order.

    regardless of what you, I or even an attorney tell you, if the parties cannot agree on the meaning of the statement, they are stuck taking it to a judge who will clarify it.


    I suspect it was meant to address the exchange only but as it is written, it could be interpreted either that it is addressing only the exchanges or any time. Anytime is unreasonable (since that would mean the child could not ride in a bus, a taxi, a train, or a plane unless the parent was the operator of the vehicle) so it is likely referring to only for the purposes of the exchange.
  • 09-03-2013, 11:08 AM
    Antigone
    Re: Custody Order Prohibition on Using Third Parties to Transport the Children
    Quote:

    Quoting jk
    View Post
    taking an excerpt from an order often does not allow for a proper reading of a statement as other portions of the order often provide definition, either specifically or by context, of other statements in the order.

    regardless of what you, I or even an attorney tell you, if the parties cannot agree on the meaning of the statement, they are stuck taking it to a judge who will clarify it.


    I suspect it was meant to address the exchange only but as it is written, it could be interpreted either that it is addressing only the exchanges or any time. Anytime is unreasonable (since that would mean the child could not ride in a bus, a taxi, a train, or a plane unless the parent was the operator of the vehicle) so it is likely referring to only for the purposes of the exchange.

    I wholeheartedly agree.
  • 09-03-2013, 02:09 PM
    cdcellular
    Re: Custody Order Prohibition on Using Third Parties to Transport the Children
    thank you all
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