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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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  #11 (permalink)  
Old 11-05-2013, 02:30 PM
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I wouldn't worry to much about the skype access issue. I'd be EXTREMELY surprised if she persists for more than a few months in skyping on alternate days.. just let it die back naturally over time.

Are there any equalization assets you can claim in lieu of CS?

You should have a clause indicating you hold the passport, AND that her consent is not required for you to apply for a passport or NEXUS car.

You should have a clause indicating there are no mobility restrictions on you or her, and that she consents to all travel.

Any physical access at all? If no, then don't worry about where she lives.
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  #12 (permalink)  
Old 11-05-2013, 07:46 PM
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Is it an offer with her signature? In which case if you sign to agree, it can be filed with the courts. This would be an "official" offer.

If so, I would be tempted to go with it, because, as Hammerdad points out, the rest of your issues are simply points of law that are already set out in legislation. Once you file the signed offer, you may file a motion to change child support, citing the signed agreement.

However, of course consider any loopholes.
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Old 11-05-2013, 09:57 PM
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yes, both her and her lawyers's signatures.

what i am confused about is that as the offer says "The Applicant offers to settle all outstanding issues in these proceedings on the following terms"

if i settle "every thing" now on a final basis but not address passport, mobility, CS, SS etc then what would be my grounds to request change after the matter is "settled"

Here is the offer they sent

The Applicant offers to settle all outstanding issues in these proceedings on the following terms:

Effective immediately, the Respondent shall have sole custody of Son's name & DOB

Effective immediately, Son’s primary residence shall be DAD's address in Toronto, Ontario
(the Respondent’s residence).

Until the Applicant departs from Canada, her access with the son will be as follows:

a. Every Monday (from pick-up from school/daycare) until Tuesday morning (drop-off at school/daycare).

b. Every Wednesday from pick-up from daycare/school until Thursday morning (drop-off at school/ daycare).

The Respondent shall update the Applicant about son’s development and performance in school, therapy and extracurricular activities by sending regular emails to her at abc@email.com. If the need arises for the Respondent to speak with the Applicant on the phone, the parties may communicate by phone and the Applicant can be reached at 123.123.1234

Son and the Applicant shall speak on Skype or video call every other day and the Respondent shall facilitate these calls. The Applieant’s Skype ID is ABC. Due to the time difference, the parties shall finalize (via email) the time for the Skypes/video calls in advance of the call.


If the Respondent’s address, phone number or email address changes, he shall provide his updated Contact information to the Applicant within 10 days of the change via email.

The Applicant can send any gifts to the child (particularly on special occasions) and the Respondent shall ensure that Son receives the gift and that he relays to son that the gift is from the Applicant.

When the Applicunt returns to Canada, she shall have access to ***** depending on the circumstances that exist at that time. Such access shall not bc unreasonably denied by the, Respondent and the she details of
the access shall be determined by the parties in advance of the access via email.

Upon acceptance of this Offer, the Applicant shall transfer to the Respondent all of the information related to ***** and the Applicant Shall assist the Respondent in finalizing ***** transfer to ABC Town Elementary School.

If this Offer is accepted, the terms herein shall be incorporated into a Consent and shall replace the terms of the Minutes of Settlement signed pm September 4, 2013. The Consent shall be incorporated into an Order
to be submitted to the Court for issuance and entering by way of 14B Motion directed to Madam Paulseth (all to be handled by the Applicant's counsel)

signatures

Last edited by Mess; 11-06-2013 at 08:38 AM.
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  #14 (permalink)  
Old 11-05-2013, 10:05 PM
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Sahibjee, you've left your kidlet name in - you may wish to edit.
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Old 11-05-2013, 10:09 PM
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Just one small point on the Skype thing - you may want to change it to something like "the applicant shall be afforded the opportunity to speak with child on Skype not less than once every 48 hours. The applicant shall inform the respondent by email of her wish to speak with the child not less than 24 hours in advance of the call. Through email the respondent and applicant shall agree on a mutually acceptable time for the call".

My thinking is that you may want to set if up as she will have *the opportunity* to speak to the child with a specified procedure for arranging the calls, rather than saying she *will* speak to the child, which I can see leading to problems down the road, if you're dealing with a high conflict person.
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Old 11-05-2013, 11:20 PM
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Quote:
Originally Posted by mcdreamy View Post
Sahibjee, you've left your kidlet name in - you may wish to edit.
Thanks but too late for that lol
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Old 11-05-2013, 11:21 PM
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Quote:
Originally Posted by stripes View Post
Just one small point on the Skype thing - you may want to change it to something like "the applicant shall be afforded the opportunity to speak with child on Skype not less than once every 48 hours. The applicant shall inform the respondent by email of her wish to speak with the child not less than 24 hours in advance of the call. Through email the respondent and applicant shall agree on a mutually acceptable time for the call".

My thinking is that you may want to set if up as she will have *the opportunity* to speak to the child with a specified procedure for arranging the calls, rather than saying she *will* speak to the child, which I can see leading to problems down the road, if you're dealing with a high conflict person.
Thats a good one, i will surely add that, thank you!
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  #18 (permalink)  
Old 11-05-2013, 11:40 PM
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Quote:
Originally Posted by sahibjee View Post
Thanks but too late for that lol
Taken care of.

This being a signed offer, it is binding if you accept it.

So your choice right now is to accept as is and end the conflict, or send it back demanding changes and risk her retracting the offer and continuing the hostility.

So are the things you don't like or think that are missing really that serious to you? We can't answer that, only you can.
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Old 11-06-2013, 12:40 AM
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Quote:
Originally Posted by Mess View Post
Taken care of.
Thanks a lot but i think i missed a lot of places, one para still needs editing lol

I have decided to pay a lawyer to review their offer and see what is the right strategy to take here.
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  #20 (permalink)  
Old 11-06-2013, 09:50 PM
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update due:


So i went and met a lawyer today, she helped me prepare a very reasonable offer to settle, as soon as i exit her office, i get an sms from ex

"dont contact my lawyer anymore she is no longer representing me" this is the third or fourth lawyer who has ditched the ex within past two years.

urgent opinion needed

ex's counsel has not served me with a notice of change in representation. ex has sent me few smses stating she wants to put in writing a "private agreement" which both parties shall sign giving me custody etc and court process can be completed later. how do i go about doing something like that?
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