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Old 04-04-2017, 05:17 PM
Ange71727 Ange71727 is offline
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Originally Posted by SuzieSunshine View Post
He is claiming:

1. PD Days were never defined in the agreement so he should get the kids on Friday's at 8:30 am instead of the 5:00 pm pickup time because its not a school day even though the agreement say he picks up the kids at 5pm.

2. He is claiming since signing the agreement in July 2015, when the kids were 4 and 2 are now old enough at the ages of 5.5 and 3.5 years old to spend more time away from their mother so changing to a week on/off schedule would be better for them.

3. G3.5 does not breastfeed anymore.

4. That by having the D3.5 enter school in September my time decreases less than 60% threshold and that the time she is in school now automatically goes to him so he crosses 40% threshold. His time with kids does not change now that they are both in school. Matter of fact, D5.5 time with him has not changed since signing the agreement.

5. He wants all day Friday with the kids to increase his time to 41% of the threshold.

6. He is claiming that the agreement says we are to be flexible with the schedule for early pickups and I must agree every time he wants to pickup the kids early. So if on a Friday he wants to pickup the kids at 4:30 pm I must agree. If he wants to pick them up at school at 2:30 I must agree. If he wants to pick them up at 8:00 am because they don't have school I must agree otherwise I am not following the agreement.

If there is a final order, he has to prove a material change in circumstances. Meaning something has to have changed in his or your life (or with the kids) that would make the proposed changes necessary and in the kids' best interests. I don't think claiming something wasn't defined properly in the agreement necessarily warrants changing things. Not a lot of time has passed here. Are the kids happy, healthy and thriving in the current regime?

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