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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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  #21 (permalink)  
Old 06-18-2014, 01:03 PM
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I understand that but the posters ex does not want to take the children when she is at work. He is telling her she cannot put them into daycare. So he is not asking for right of first refusal. Interesting point though. I had not heard of this maximum contact law.
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  #22 (permalink)  
Old 06-18-2014, 01:05 PM
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That is her interpretation anyhow. But I bet it does come back to maximum contact with the father...it's a possibility anyhow.

But what an interesting take from the judge: extended family can do parental role activities (appointments, etc). But gawd forbid they take them to the zoo on a PA day lol
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  #23 (permalink)  
Old 06-18-2014, 01:54 PM
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It's my understanding from the poster that the children would not at all be in daycare during her time unless there were a sick call and Dad was not able to take them. Her schedule and the children's schedule has not changed in a year and a half, and prior to then when her schedule was less regular, she simply provided her schedule to him and that was fine. The kids won't be anywhere but with her outside of school hours so no identifiable issue, just a random out of the blue demand to have her employer provide confirmation of her work schedule.

She works when the kids are with him so there is no request on either side for the kids to be with the other parent during work hours.

Last edited by blinkandimgone; 06-18-2014 at 01:58 PM.
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Old 06-18-2014, 02:22 PM
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This is what the Divorce Act provides for maximum contact:

Quote:
Maximum contact

(10) In making an order under this section, the court shall give effect to the principle that a child of the marriage should have as much contact with each spouse as is consistent with the best interests of the child and, for that purpose, shall take into consideration the willingness of the person for whom custody is sought to facilitate such contact.

Maximum contact is a principle, not law. And it should be consistent with the best interests of the child. The principle is irrelevant here as:


1. OP isn't working during her parenting time;


2. it doesn't sound like their ex would be taking time off to care for the kids. It sounds as if the ex wants to force the OP not to work when they have the kids; and


3. no court order that the OP either a) not work or b) not be able to put their kids in child care in order to facilitate their work, especially if the ex isn't going to care for them in OP place.


OP's ex has no case and is only succeeding in getting OP wound-up.
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Old 06-18-2014, 02:42 PM
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Well said. I agree. Ignore, Ignore and Ignore. Stop letting him control your life.
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Old 06-18-2014, 02:49 PM
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I think she should take issue with him working during the time the children are under his control.

Suggest she decrease her working hours (and her line 150), to be there and care for the children during his parenting time when he is unable to parent properly.
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  #27 (permalink)  
Old 06-18-2014, 03:01 PM
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Quote:
Originally Posted by mcdreamy View Post
I think she should take issue with him working during the time the children are under his control.

Suggest she decrease her working hours (and her line 150), to be there and care for the children during his parenting time when he is unable to parent properly.
Good idea!
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  #28 (permalink)  
Old 06-18-2014, 03:09 PM
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Quote:
Originally Posted by mcdreamy View Post
I think she should take issue with him working during the time the children are under his control.

Suggest she decrease her working hours (and her line 150), to be there and care for the children during his parenting time when he is unable to parent properly.
LOL

Or just send the letter I posted above and ignore until they get a court order.
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  #29 (permalink)  
Old 06-18-2014, 03:45 PM
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Quote:
Originally Posted by mcdreamy View Post
I think she should take issue with him working during the time the children are under his control.

Suggest she decrease her working hours (and her line 150), to be there and care for the children during his parenting time when he is unable to parent properly.
"Thanks, I have no interest in playing games with him or playing into his making things as difficult as possible. I just want to live my life independently of him and in peace, understand that he has and will always have a role in the childrens lives and am fine with that, I wish he felt the same. I'm going to try the email suggested earlier and see where that goes. I'm not sure it will be good enough for him as he has already been provided that information but one can hope. Thanks again for all the advice and suggestions."
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Old 06-18-2014, 03:51 PM
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Quote:
Originally Posted by blinkandimgone View Post
"Thanks, I have no interest in playing games with him or playing into his making things as difficult as possible. I just want to live my life independently of him and in peace, understand that he has and will always have a role in the childrens lives and am fine with that, I wish he felt the same. I'm going to try the email suggested earlier and see where that goes. I'm not sure it will be good enough for him as he has already been provided that information but one can hope. Thanks again for all the advice and suggestions."
Call his hand and if he takes it to court ask for costs.
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