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

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Old 05-27-2015, 08:32 PM
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Default clause of right of first refusal

I did all I could searching for this on the internet but no luck. If my ex doesn't win full custody can I:

a. have that clause put in in my motion?
b. how does it exactly work? she spend very little time when kidlet is with her but stays with grand parents. And when I ask how does it exactly work, I'd like to know how long she has the right to be absent and for what reasons?

Thanks
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Old 05-27-2015, 09:07 PM
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from what I have read on here, its not really an enforceable clause and only really works when the two parents get along.

Not sure if this is a battle that is worth fighting. At least the child is with the grandparents bonding with them and not with a sitter.
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Old 05-27-2015, 09:21 PM
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These should work, you can edit the wording to fit your situation for your motion. You could also search Canlii for case law that addresses this.

From the standard family law clauses in Ontario:

2.15 In the event that either party is not able to care for the child for one or more days of their time with the children, they shall give the other party the option of caring for the children before arranging a babysitting or childcare.

alternatively from the federal government parenting tool at

http://www.justice.gc.ca/eng/fl-df/p..._Plan_Tool.pdf

2. We agree that if childcare is required for more than four hours, the parent with whom the children are living will notify the other parent and give them the opportunity to spend the period for which childcare is required with the children
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Old 05-27-2015, 09:32 PM
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This link might help you decide if ROFR is something you even want to put effort into having in your motion:

http://www.yoursocialworker.com/s-ar...st_Refusal.pdf

Hope this helps.
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Old 05-28-2015, 01:36 AM
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obviously something not for me. Thanks.
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Old 06-08-2015, 03:24 PM
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RoFR is never enforced and is about as useful as having a clause that parents will be nice to each other.
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