How do you settle an issue that’s not addressed in the decree?

Question: I have primary physical custody and the other parent has our kids two nights a week for dinner only.

Who is responsible for transportation of the kids on those two “dinner nights”? It’s not addressed in our divorce decree.

How do you add a condition to the decree?


Answer: If there is not a provision in the divorce decree, I cannot tell you who is responsible for transportation.

In most of my cases, we include a provision that the parent who is starting visitation picks up the children. So she would pick them up for dinner and you would pick them up at her house after dinner.  If you both agree to a transportation schedule you can file a stipulation and order to amend the divorce decree.  If you do not agree, you could file a motion asking the court to make an Order relative to transportation to and from visitation.

Since I do not practice in your jurisdiction, you should consult a domestic litigation attorney licensed in Virginia to discuss your options.


Erica Christian is an Associate Attorney in the Milwaukee, Wisconsin, office of Cordell & Cordell, P.C. She is licensed to practice law in the state of Wisconsin. She is a member of the Wisconsin Bar Association, the Family Law Section and the Children’s Law Section.

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