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Major Flooding on the travel route to NCP's house

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3junebugs

Member
What is the name of your state (only U.S. law)? PA

This is NCP weekend for visitation. Drop of is by 9PM tonight and I pick up 5PM Sunday. I live in western MD and he lives 180 miles away in Philadelphia. The area in between us, in both PA and MD are experiencing historic flooding due to the Susquehanna cresting at almost 40 feet. Some areas won't crest until tonight or tomorrow. So it is expected to get worse. No matter how I travel - I have to cross that river and be in an area that is experiencing flooding.

Yesterday a good stretch of the Turnpike was closed for a time along my normal travel route. I normally go 1-81 up to Harrisburg then to the PA Turnpike. I can also go 1-70 to 1-695 to 1-95 but still would be in an area that is experiencing major flooding. Also, many roads in Philadelphia are also closed.

Would I be unreasonable to say that I am not going to travel today due to safety concerns and offer make up time? Or is the 'possibility' of road closures or impassable roads not a good reason to delay the exchange?

I appreciate the honesty!
 
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mistoffolees

Senior Member
What is the name of your state (only U.S. law)? PA

This is NCP weekend for visitation. Drop of is by 9PM tonight and I pick up 5PM Sunday. I live in western MD and he lives 180 miles away in Philadelphia. The area in between us, in both PA and MD are experiencing historic flooding due to the Susquehanna cresting at almost 40 feet. Some areas won't crest until tonight or tomorrow. So it is expected to get worse. No matter how I travel - I have to cross that river and be in an area that is experiencing flooding.

Yesterday a good stretch of the Turnpike was closed for a time along my normal travel route. I normally go 1-81 up to Harrisburg then to the PA Turnpike. I can also go 1-70 to 1-695 to 1-95 but still would be in an area that is experiencing major flooding. Also, many roads in Philadelphia are also closed.

Would I be unreasonable to say that I am not going to travel today due to safety concerns and offer make up time? Or is the 'possibility' of road closures or impassable roads not a good reason to delay the exchange?

I appreciate the honesty!
It would be reasonable to talk with the other parent when unusual circumstances occur to work out a solution.

Not everything has to be a legal battle.
 

Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? PA

This is NCP weekend for visitation. Drop of is by 9PM tonight and I pick up 5PM Sunday. I live in western MD and he lives 180 miles away in Philadelphia. The area in between us, in both PA and MD are experiencing historic flooding due to the Susquehanna cresting at almost 40 feet. Some areas won't crest until tonight or tomorrow. So it is expected to get worse. No matter how I travel - I have to cross that river and be in an area that is experiencing flooding.

Yesterday a good stretch of the Turnpike was closed for a time along my normal travel route. I normally go 1-81 up to Harrisburg then to the PA Turnpike. I can also go 1-70 to 1-695 to 1-95 but still would be in an area that is experiencing major flooding. Also, many roads in Philadelphia are also closed.

Would I be unreasonable to say that I am not going to travel today due to safety concerns and offer make up time? Or is the 'possibility' of road closures or impassable roads not a good reason to delay the exchange?

I appreciate the honesty!
The possibility is normally NOT good enough to avoid being found in contempt. You need evidence that the roads are blocked. However, if other parent agrees then there is not an issue.
 

ecmst12

Senior Member
Roads are definitely closed and if he lives in Philly, he knows about it, it's been a disaster here. Yesterday the major highway going through the city itself was closed all morning and one lane getting by all night...the roads are worse than when we got all that snow because it's not just trecherous, some places are completely impassable. Hopefully dad will be willing to work something out OR he will know a route that can be traveled safely. I suspect it's all in how you approach him.
 

tuffbrk

Senior Member
Roads are definitely closed and if he lives in Philly, he knows about it, it's been a disaster here. Yesterday the major highway going through the city itself was closed all morning and one lane getting by all night...the roads are worse than when we got all that snow because it's not just trecherous, some places are completely impassable. Hopefully dad will be willing to work something out OR he will know a route that can be traveled safely. I suspect it's all in how you approach him.
And beginning the conversaoin with "I am NOT going to" wouldn't be the best approach.
 

Bali Hai

Senior Member
What is the name of your state (only U.S. law)? PA

This is NCP weekend for visitation. Drop of is by 9PM tonight and I pick up 5PM Sunday. I live in western MD and he lives 180 miles away in Philadelphia. The area in between us, in both PA and MD are experiencing historic flooding due to the Susquehanna cresting at almost 40 feet. Some areas won't crest until tonight or tomorrow. So it is expected to get worse. No matter how I travel - I have to cross that river and be in an area that is experiencing flooding.

Yesterday a good stretch of the Turnpike was closed for a time along my normal travel route. I normally go 1-81 up to Harrisburg then to the PA Turnpike. I can also go 1-70 to 1-695 to 1-95 but still would be in an area that is experiencing major flooding. Also, many roads in Philadelphia are also closed.

Would I be unreasonable to say that I am not going to travel today due to safety concerns and offer make up time? Or is the 'possibility' of road closures or impassable roads not a good reason to delay the exchange?

I appreciate the honesty!
Have you done everything humanly possible to comply with the court order? Have you considered leasing a helicopter??
 

Zigner

Senior Member, Non-Attorney
Have you done everything humanly possible to comply with the court order? Have you considered leasing a helicopter??
Heck, maybe our OP should simply buy a helicopter outright and hire an on-call pilot...I mean, that is within the realm of human possibility too, right? :rolleyes::rolleyes:
 

3junebugs

Member
Roads are definitely closed and if he lives in Philly, he knows about it, it's been a disaster here. Yesterday the major highway going through the city itself was closed all morning and one lane getting by all night...the roads are worse than when we got all that snow because it's not just trecherous, some places are completely impassable. Hopefully dad will be willing to work something out OR he will know a route that can be traveled safely. I suspect it's all in how you approach him.
He isn't the most reasonable to say the least. He expected my husband to leave my hospital bed side when I was going into preterm labor to get my son there for his visitation. :(

I will send him a short and to the point email and leave it open for him to request any weekend dates to make up the time.

I wish everything didn't have to be a legal battle but, unfortunately, in my case it usually has to be.
 

3junebugs

Member
Have you done everything humanly possible to comply with the court order? Have you considered leasing a helicopter??
Heck, maybe our OP should simply buy a helicopter outright and hire an on-call pilot...I mean, that is within the realm of human possibility too, right? :rolleyes::rolleyes:

Actually I contacted my local airport to see if I could charter one, but it was too short of a notice. :rolleyes: :D
 

Bali Hai

Senior Member
Actually I contacted my local airport to see if I could charter one, but it was too short of a notice. :rolleyes: :D
That's not a legally acceptable reason, this rain started last weekend, you should have foreseen this event and made proactive modifications to your life to comply with the court order.
 

Zigner

Senior Member, Non-Attorney
That's not a legally acceptable reason, this rain started last weekend, you should have foreseen this event and made proactive modifications to your life to comply with the court order.
Bali - cut out the nonsense. It's doing a disservice to the OP.
 

3junebugs

Member
That's not a legally acceptable reason, this rain started last weekend, you should have foreseen this event and made proactive modifications to your life to comply with the court order.
I should have foreseen that this area would be hit by remnants of two hurricanes in a span of less then 14 days dumping months worth or rain in a few days?
 

Zigner

Senior Member, Non-Attorney
I should have foreseen that this area would be hit by remnants of two hurricanes in a span of less then 14 days dumping months worth or rain in a few days?
Ignore Bali - he's had a tough time with his ex and has a chip on his shoulder.
 

mistoffolees

Senior Member
I should have foreseen that this area would be hit by remnants of two hurricanes in a span of less then 14 days dumping months worth or rain in a few days?
Just ignore Bali.


In the end, though, you need to find some way to reach an agreement with the other parent. This is an issue that it would be foolish to fight over in court. If you do, though, it would play out as follows:

Ex could file for contempt due to interference with visitation.
You would then argue that it was not willful and that you had no option due to the weather.
Your ex could argue that it would have been possible to have visitation, and that it was not impossible, only inconvenient.

In the end, it comes down to who proves their argument the best. If ex brings in a couple of people who say that they made the same trip at about the same time, then you would have a problem. OTOH, if you bring in reports that all the bridges crossing the Susquehanna are closed, then you'd be OK.
 
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