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 01-10-2017, 02:05 PM
Member
 
Join Date: Dec 2013
Posts: 68
tmsrtl is on a distinguished road
Default summer vacation schedule

I have my kids (12&11) for two non-consecutive weeks in July & August, agreement is in place now for two years, if mediation does not go well, what are the chances a judge will grant at least 1 week July and 2 August, or even 50/50

Any thoughts please!?
Reply With Quote
  #2 (permalink)  
Old 01-10-2017, 02:22 PM
Tayken's Avatar
Senior Member
 
Join Date: May 2011
Posts: 6,563
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 tmsrtl View Post
I have my kids (12&11) for two non-consecutive weeks in July & August, agreement is in place now for two years, if mediation does not go well, what are the chances a judge will grant at least 1 week July and 2 August, or even 50/50

Any thoughts please!?
If you have an agreement and there is no material change in circumstance a judge will order the agreement be followed. If you have two non-consecutive weeks then you have them by agreement made on consent.

So if you take the first week and the third week of July then you have followed the agreement. If you take one week in July and one week in August then you have followed the agreement. Why does the matter even need to go to mediation? The agreement was made on consent from how I read what little you have provided.

You should have strong wording about who gets to pick first in the year and when the notice has to be given. You may need some stronger wording in the agreement to outline this but, the probability of success on having an agreement made on consent enforced is generally high.

Good Luck!
Tayken
Reply With Quote
  #3 (permalink)  
Old 01-10-2017, 02:29 PM
Member
 
Join Date: Dec 2013
Posts: 68
tmsrtl is on a distinguished road
Default

Thank you Tayken....

each year switches who has the first choice of when.... this year would be mine.
1 week July & 1 week August..... 2 weeks in August and 1 July would be nice, going on a longer vacation, like Europe. (the same for the other side of course)

What would constitute a "material change"?
Reply With Quote
  #4 (permalink)  
Old 01-10-2017, 02:44 PM
Tayken's Avatar
Senior Member
 
Join Date: May 2011
Posts: 6,563
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 tmsrtl View Post
Thank you Tayken....

each year switches who has the first choice of when.... this year would be mine.
1 week July & 1 week August..... 2 weeks in August and 1 July would be nice, going on a longer vacation, like Europe. (the same for the other side of course)

What would constitute a "material change"?
You will have a hard time having it changed from non-consecutive.

A material change would be a child expressing the desire to have a 2+ week consecutive residency with you and that child is 14+. You would need to get a voice of the child report done at minimum to show that there is no parental influence. The process would take easily a year to get to trial.

Depending on the children's ages if they are 16+ then it gets way easier.
Reply With Quote
  #5 (permalink)  
Old 01-11-2017, 12:33 PM
Banned
 
Join Date: Feb 2016
Posts: 1,681
trinton has a little shameless behaviour in the past
Default

First mistake, agreeing to 2 "non-consecutive" weeks. Never agree to that. Children love both parents and they sure deserve more than 2 "non-consecutive" weeks during the summer months.

CAUTION! BE VERY CAREFUL AND PAY CLOSE ATTENTION TO THE WEEKS YOU CHOOSE! Often the custodial parent will set the summer schedule so that although you are getting a week, you are giving up your weekends to her, so you are not really getting more time, maybe 1 or 2 days, and are giving up your weekends. Be very careful. Keep your weekends.

If you want to travel for 2 weeks, that's completely reasonable. Tell her You have plans to travel to X country from X date to Y date and will be staying at U hotel. Tell her you would still like to see your kid in the other month as well. If she say's no you bring a motion. Your plans to travel is a material change for this summer's access/holiday schedule.
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
Vacation & Events on Other Parents Time SuzieSunshine Parenting Issues 9 09-08-2015 07:40 PM
What would you do if you gave up the summer vacation with the child? BitHunter Divorce & Family Law 3 07-12-2013 11:33 AM
Summer Vacation - Pre-Trial??? Links17 Parenting Issues 29 06-06-2013 11:01 AM
Summer Holiday Access Schedule :) momto3 Divorce & Family Law 17 11-27-2012 11:51 AM
Summer Vacation plans earthmother1970 Parenting Issues 22 11-19-2009 11:19 PM


All times are GMT -4. The time now is 10:53 AM.