mobility clause

[inmydreams]

Hey,

Need a few examples of how to write in a mobility clause in our sep agreement. I'll be moving back to the USA with the kids, I have sole custody, ex is supportive of this decision because of the school system and medical for one of our kids who has special needs. Also moving so I can get family backup to help with our childs care...its pretty tough alone 24/7, ex isn't interested in helping out and honestly I can understand that a bit, its difficult, but I'm getting tired and could use a break every so often. He doesn't want to so he actually suggested this...He'll come visit whenever he wants, and once they are old enough they will be able to travel under airline supervision and by then our childs medical needs/care should lessen quite a bit. I'll most likely fly them back here several times a year and he will fly there several times a year....and we are ok with that. (we have a relative who works for a major airline, so air travel is doable easily)
How do we word it so that we can both travel across the border for visits without hassle, would be best to have a clause in the agreement that allows us both to travel back and forth between the countries with the kids. Regardless of whichever one of us is traveling with them...having to get a new travel consent each time will be a pain for both of us...much easier to just have a signed agreement so how should we word it? It will only be 250 to have a lawyer look it over and adjust wording perfectly but we need a draft first.......anyone with experience in this area? Thx

[Berner_Faith]

No experience in this area the way you are asking... however, if you guys are in agreement to allow travel across the boarder, I guess you could simply put that either parent is permitted to travel across USA/CND with out a travel consent from the other parent...

However, I don't suggest you totally give up the consent thing, maybe say something to the effect that travel still must be agreed upon (maybe via email??) by both parents prior to the travel date... I guess for me it would be more knowing when the children are going to travel. You say he is willing to come to the US to visit...which is great... but what if one of those visits he decides to come back to Canada,, there is an emergency and then you have no idea where your children are?

[Rioe]

I'd hammer out how you are going to handle travel costs, in a very open-to-change way that remains fair, such as proportionate to income. What happens if your airline relative changes jobs?

[inmydreams]

Originally Posted by Berner_Faith

No experience in this area the way you are asking... however, if you guys are in agreement to allow travel across the boarder, I guess you could simply put that either parent is permitted to travel across USA/CND with out a travel consent from the other parent...

However, I don't suggest you totally give up the consent thing, maybe say something to the effect that travel still must be agreed upon (maybe via email??) by both parents prior to the travel date... I guess for me it would be more knowing when the children are going to travel. You say he is willing to come to the US to visit...which is great... but what if one of those visits he decides to come back to Canada,, there is an emergency and then you have no idea where your children are?

Hum the email thing might work...I'm not really worried about him taking the kids without letting me know where they are, I already have sole custody in an interm agreement, as I said one of our kids has very complex medical issues and he does not have the stomach to deal with it. Not everyone does, I understand that...and he gets that I need help, I have a sister who is willing to give me a hand and my father has thoughtfully offered us a home to live in near her...I have even considered to put in the agreement that my ex can stay with us for visits under certain conditions..no smoking, drinking etc in my home...I might talk to my dad about getting a place with a little bachelor apt. attached for visitors...my mom would be able to come visit then too, she lives in another state...ok getting off topic LOL
Maybe I could put in that the sep agreement serves as a consent when accompanied by an email..that might work..then I could also put in if I suddenly turned very ill and he had to take the kids back home for a bit that a doc note saying I was unable to give permission...I don't know, that almost seems to muddy it up to much...but then how much is to much and we are on good terms now but what the future holds who knows...

[inmydreams]

Originally Posted by Rioe

I'd hammer out how you are going to handle travel costs, in a very open-to-change way that remains fair, such as proportionate to income. What happens if your airline relative changes jobs?

Sure thats always possible, I guess if he travels to the states he would pay his fare and if I take the kids back to Canada I'd pay for me and 1 child he pays for the other...that should be fair. hum we need to discuss that part...good thing I asked this question... I don't have income, I'm 24/7 special needs care for my child, for how long???? who knows, 2 more years, 5 more years...there's no answers except that she will eventually be able to self care more. It would cost me more to hire someone if I went to work then I could make..at this point tho my health is starting to come into play...lack of sleep for 10 years takes a toll...so to keep me going I need help at least a day or two here and there, my sister volunteered..I would have preferred their father to but he simply does not want to...He has very very good income so he doesn't seem to concerned about the travel cost but I will bring that point up! Thank you!

[Alli]

I'm assuming that while you have sole custody you still have joint guardianship, which is why you need such clauses in the first place. In any event you may find some of these clauses useful.

SOLE CUSTODY

[Name 1] will have custody of [Child Name], born ________________.

GUARDIANSHIP

(1) [Name 1] and [Name 2] are the joint guardians of the estate of [Child Name], born _____________.

HOME STATE
(1) For the purpose of the Hague Convention the home state of the [Child Name], born __________, shall be _____________, United States of America.

FOREIGN TRAVEL: PASSPORT AND CONSENT

(1) [Name 1] may apply for or renew a passport for [Child Name] and [Name 2] will co-operate in any application or renewal.

(2) [Name 1] must deliver up to [Name 2] the passport for [Child Name] when [Name 2] has access rights [e.g., seven days] before the departure date for any travel arranged in accordance with subclause [specify]].

ENFORCEMENT OF AGREEMENT

(1) the parties specially agree that this Separation Agreement shall govern all covenants, assets and liabilities of the parties wherever situate, and in particular in Canada and the United States of America. Furthermore this Separation Agreement may be enforced in any court of competent jurisdiction in the United States of America.