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
  #11 (permalink)  
Old 04-20-2017, 04:22 PM
Tayken's Avatar
Senior Member
 
Join Date: May 2011
Posts: 6,345
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by bluewater View Post
I guess in theory if she did enrol him in care I could just go get him. I am a custodial parent, could she really stop me? Would a judge side with me if it ever came to that? His school ends at 3:10 and I can be there to get him by 3:20. His mother works later and wouldn't be able to get him until 4:30 or 5:00pm.
Yes, the other parent can stop you. That is their access day and you have no say what the other parent does on their access time! A court would stop you fast and hard if you removed the child from daycare on the other parent's time!
Reply With Quote
  #12 (permalink)  
Old 04-20-2017, 04:25 PM
trinton's Avatar
Senior Member
 
Join Date: Feb 2016
Posts: 1,141
trinton has a little shameless behaviour in the past
Default

so if she sticks him in daycare, then that will just create costs for her with nothing owing from you. Do you honestly think she would do that?

If there is an order that the child attend the same school and you have joint-custody , don't worry about her trying to change the schools.

Have your proposed anything to her at this time?

What are the issues in question?

1. On her days, You want her to drive child to school in the mornings.
2. On her days, you want her to pickup the child from your house.

Right now, you are driving for both 1 and 2.

Number 1 , she has to do, has no choice, otherwise could be seen as interfering with child's education - unless she doesn't have a car.

Number 2, she can decide to stick child in daycare, instead of giving her to you.

You either leave it as is and just ask her to not be late in mornings, which may flick her off.

Or you tell her NO, and see what happens from there. Worst that can happen is child will be in daycare on her days after school, and you won't get to see your kids in the mornings or after school anymore. You won't be responsible to pay for anything though. It's not really in your control. Yeah, ex's suck.

OR you could just keep your mouth shut, and continue to take advantage of the extra time.
Reply With Quote
  #13 (permalink)  
Old 04-20-2017, 04:39 PM
Junior Member
 
Join Date: Mar 2017
Location: Small town southern Ontario.
Posts: 14
bluewater is on a distinguished road
Default

Quote:
Originally Posted by Tayken View Post
You live close to each other for this to even be a concern. We are talking 2-3 KM here sir. I am of the strong opinion that a judge would go bat shit crazy on both of you for this nonsense.
Tayken,

Just to clarify I am 3km from S4's school. Mother is about 40km away from this area (30 min drive) and insists on me doing the driving which so far has been fine. As is right now when things go well I'm happy to drive. It's when things get difficult (lateness, no notice, etc...) that there are potential problems. As is I am happy to have that extra time with him, I'm just looking for what my rights & responsibilities are if things go off the rails.
Reply With Quote
  #14 (permalink)  
Old 04-20-2017, 04:43 PM
Junior Member
 
Join Date: Mar 2017
Location: Small town southern Ontario.
Posts: 14
bluewater is on a distinguished road
Default

Trinton,

Right now I favour sucking it up as best I can. The drive is a bit of a pain logistically, but well worth it for the extra time. If the lateness and change of plans w/o notice continues I will have to insist that she does the driving. That may not last long and she might go back to co-operating anyway, who knows. Right now she basically has a child-care/limo service so she would be silly to mess that up, but stranger things have happened.
Reply With Quote
  #15 (permalink)  
Old 04-20-2017, 09:52 PM
trinton's Avatar
Senior Member
 
Join Date: Feb 2016
Posts: 1,141
trinton has a little shameless behaviour in the past
Default

Quote:
Originally Posted by bluewater View Post
Trinton,

Right now I favour sucking it up as best I can. The drive is a bit of a pain logistically, but well worth it for the extra time. If the lateness and change of plans w/o notice continues I will have to insist that she does the driving. That may not last long and she might go back to co-operating anyway, who knows. Right now she basically has a child-care/limo service so she would be silly to mess that up, but stranger things have happened.
if you already have 50-50 then just buy an Audi and make the best out of the drives and enjoy them to the fullest. Get a work flexibility schedule. Good jobs are usually understanding and accomodating of family needs - they never take your exes side. Otherwise, if you don't want to feel controlled by the other parent then just set a foot forward. Whatever makes you sleep better at night.

Last edited by trinton; 04-20-2017 at 09:54 PM.
Reply With Quote
  #16 (permalink)  
Old 04-21-2017, 12:55 PM
Tayken's Avatar
Senior Member
 
Join Date: May 2011
Posts: 6,345
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by bluewater View Post
Tayken,

Just to clarify I am 3km from S4's school. Mother is about 40km away from this area (30 min drive) and insists on me doing the driving which so far has been fine.
Ok. I was going off your original post which didn't detail the other parent's distance from the school.

But, to be frank, a 30-minute drive is not something a court is going to fuss about. (For either parent.) Rural children and those living in Northern Ontario spend way more time on a bus to get to school.

Also, someone in the golden horseshoe reading this forum is laughing at your 30-minute drive. (To put it into perspective.)

Quote:
Originally Posted by bluewater View Post
As is right now when things go well I'm happy to drive. It's when things get difficult (lateness, no notice, etc...) that there are potential problems. As is I am happy to have that extra time with him, I'm just looking for what my rights & responsibilities are if things go off the rails.
The solution would be if the other parent is not home. You wait 10 minutes, then take the child back home with you and notify the other parent they can pick up the child.

One file I have recently seen the parent who was in your shoes had the neighbor across the street call to notify when the other parent's car was in the driveway. That way they didn't even bother making the drive until the parent was back.

Good Luck!
Tayken
Reply With Quote
Reply

Tags
access, final order, material change, school


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



All times are GMT -4. The time now is 03:30 PM.