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-   -   48 hour notice clause (http://www.ottawadivorce.com/forum/f3/48-hour-notice-clause-21218/)

Tandem80 07-21-2017 09:02 PM

48 hour notice clause
 
I have my children every other weekend. We had a clause in the agreement I would give 48 hours notice visitation would commence. My job is sporadic and my ex would try to work the wkds I had the kids. This clause was put in place to give my ex time to find sitters for the kids if I was stuck working on my access wkds.

I am now remarried and my wife is home on the weekends as well as we have a little girl. My ex is now on disability and does not work. This past weekend I was late by a few hours giving my notice for access and my ex made other plans for the children.

We are in the middle of court proceedings and trying to settle out of court. However I think given the circumstances this 48 hour clause should be changed to 24 hours or even instead of 48 hours notice visitation will commence to only 48 hours notice if I have to cancel (maybe happens 1-2x a year) this way there will be less communication between us since is is not very friendly on her part and it causes so much unnecessary conflict. I would like the kids every other wkd delivered to my house indefinitely unless I give 48 hours notice to cancel. The kids don't need childcare as ex does not work.

Any suggestions how to write this up? We already stated in the first proposal that we would continue with the 48 hour notice but after this past incidence of making plans for the kids because I was busy working and failed to email her exactly 48 hours is crap.

I know a response to my proposal is coming as per her lawyer so since nothing is set in stone yet can this be changed and what would be the fairest way to bring this up?

She does not allow the kids to come if I am not home the FULL duration of their visit which also means if I have to work late the Friday of drop if I am SOL? I am penalized with refusal of visits for being the only working parent my children have.

rockscan 07-21-2017 10:26 PM

My partners agreement says he will give 48 hours if he cant make it. Nothing else.

Also, what you do on your time is not her business. You tell her nothing about what is happening or who they are with.


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Tandem80 07-21-2017 10:50 PM

So if I am under the impression I will be home and work decides last minute I am needed all weekend then what?

(I work and live 3 hours from my home residence) so if I am stuck working I am not even home at all.

rockscan 07-22-2017 01:26 PM

Why would you tell her? The kids are fine and taken care of. You go to work. If anything is said you tell her what you do on your time is your business. Im sure youre not at work all 48 hours of the weekend so you still get time with your kids.

Unless this a case that you want to switch weekends?


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Tandem80 07-22-2017 02:00 PM

Like I said maybe 1-2 times a year I am held up at work for the full visit. If I am aware if this before the 48 hour notice then I would let her know.

However this 48 hour clause she hold over me and states she is not obligated to bring the kids if I am not home the full duration. I disagree with this and if I do have to work and can't come until Saturday and at least get the day with them I refuse to allow her to withhold them from me.

This clause gives too much back and forth prior to each and every visit and I am looking for a way to word that I will only give notice 48 hours if I know I will not be here. I just want the kids dropped off every other wkd no questions asked prior to each and every visit.

rockscan 07-22-2017 06:27 PM

Then you need it changed to you will give 48 hours notice if you have to work and the time will be rescheduled.

Not sure about the wording on withholding them. If you agreed to swtch, she doesnt get a say.


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