Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 07-21-2017, 10:02 PM
Senior Member
 
Join Date: May 2017
Posts: 146
Tandem80 is on a distinguished road
Default 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.
Reply With Quote
  #2 (permalink)  
Old 07-21-2017, 11:26 PM
Senior Member
 
Join Date: Mar 2014
Posts: 2,969
rockscan will become famous soon enough
Default

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.


Sent from my iPhone using Tapatalk
Reply With Quote
  #3 (permalink)  
Old 07-21-2017, 11:50 PM
Senior Member
 
Join Date: May 2017
Posts: 146
Tandem80 is on a distinguished road
Default

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.
Reply With Quote
  #4 (permalink)  
Old 07-22-2017, 02:26 PM
Senior Member
 
Join Date: Mar 2014
Posts: 2,969
rockscan will become famous soon enough
Default

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?


Sent from my iPhone using Tapatalk
Reply With Quote
  #5 (permalink)  
Old 07-22-2017, 03:00 PM
Senior Member
 
Join Date: May 2017
Posts: 146
Tandem80 is on a distinguished road
Default

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.
Reply With Quote
  #6 (permalink)  
Old 07-22-2017, 07:27 PM
Senior Member
 
Join Date: Mar 2014
Posts: 2,969
rockscan will become famous soon enough
Default

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.


Sent from my iPhone using Tapatalk
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Settlement Conference and NOtice of Motion SelfRepmom77 Divorce & Family Law 6 08-29-2016 02:21 PM
If a clause is unfair to one party? Dadx5 Divorce & Family Law 8 12-16-2014 01:07 PM
Service of Notice of Contempt ??????? momto3 Divorce & Family Law 9 03-17-2013 03:55 PM
The concept of judicial notice... (continued) Tayken Divorce & Family Law 1 11-06-2012 11:11 PM
clause in agreement - is it enforceable CMG Financial Issues 12 09-17-2010 06:40 PM


All times are GMT -4. The time now is 01:15 PM.