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Parenting Issues This forum is for discussing any of the parenting issues involved in your divorce, including parenting of step-children.

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Old 03-20-2011, 01:12 AM
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Default Sample Parenting Plan

PARENTING PLAN

AND CHILD SUPPORT AGREEMENT



I. PARENTAL RESPONSIBILITIES.

1.1. Parental Responsibilities and Decision-Making.
As the biological parents, both parents have decided that they are each sufficiently fit and proper persons to be awarded the permanent care and control of their minor children:

Name Date of Birth Age Social Security Number


James Thompson August 5, 2000 11 months 233-54-9908

Rebecca Thompson January 17, 1996 5 years 264-87-3589

The parents therefore wish to share major parenting responsibilities, including decisions about both emergency and non-emergency medical care, education, religious upbringing, and the general welfare of both children.

1.2. Shared Parenting.
The parties have decided that in order to both remain active and responsible and best support the development of their children in their day-to-day lives, the parents will share parenting time as outlined in Section 3, “Parenting Time.”

2. ALLOCATION OF PARENTAL RESPONSIBILITIES.
2.1. Day-To-Day Decisions.
Day-to-day decisions about the children shall be made by the parent with parenting time. Day-to-day decisions are minor disciplinary matters, ordinary medical and dental care, home rules, chores, school and homework, clothing and general hygiene guidelines for the children.

2.2. Cooperation and Respect.
Both parents recognize that the best interests of the children require them to cooperate and treat each other with dignity and respect, especially in the presence of the children. Both parents shall use their best efforts to foster the development and maintenance of positive relationships between the children by encouraging affection, promoting respect and good feelings toward the other parent. In addition:

A. Neither parent shall attempt to harm or alienate the relationship the other parent has with the children in any form. Neither parent shall make, nor shall they allow another person or agent within their control or influence to make any disparaging comments about the other parent in the presence of the children.

B. The parents shall cooperate and include each other in their children’s day care, health care, school, religious activities, organized sports, and other special activities and shall notify each other of their children’s regular activities.

C. The parents shall not involve the children in disputes or disagreements that may arise between each other, but they may jointly discuss issues with their children to get their input.

2.3. Resolution of Problems and Disputes.
If either party feels that a problem needs to be resolved or a major decision needs to be made, the process will work as follows:

1. When an issue arises, the initiating party will contact the other party with written notice of his or her position by email, hand-delivered letter, certified letter, or in the journal that is exchanged between the parties to address the specific concerns about the issue.

2. The receiving party must then provide his or her response to the issue within 7 days; however, an extension of time may not be unreasonably refused. Failure to respond within 7 days, or after a reasonable extension, will allow the party raising the issue to make the final decision.

3. If the issue cannot be resolved over the phone, the parent who initially voiced the issue will schedule a meeting to discuss it further, either together or with a mutually agreed upon third party. Either party can also request to go directly to mediation.

4. Prior to the meeting, the initiating party will send an email to the other party, summarizing any previous discussions and either suggest an additional meeting time, or confirm a previously agreed upon meeting time and location.

5. If the parties have not met with their mediator, and the initial meeting fails to produce an agreement, either parent may request an official mediation session in writing, with the professional specified in Section 10, “Mediation and Arbitration,” to help resolve the issues.


2.4. Non-Interference With Parenting Time.
Both parties agree never to schedule or promote to the children any special events or activities that fall on the other party’s parenting time without first obtaining permission from that party in the following manner:

A. The requesting party will notify the other party of the event or activity and discuss with them the benefits of the children’s attendance prior to discussing it with the children. If the other party already has something scheduled or decides that the children cannot participate in the event or activity for any reason, the requesting parent will abide by that decision and not attempt to influence the other parent through the children.

B. The children are free to express their interest in any activity to either parent at any time.

C. Both parties also agree not to interfere with each other’s parenting time in any form. If either parent denies physical access to scheduled visitation without just cause, that parent will pay all costs associated with mediation, arbitration, or court related legal fees, associated with resolving the violation and to ensure freedom from future violations.
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Old 03-20-2011, 01:13 AM
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2.5. Transportation and Exchanges.
The parents shall be polite and cordial and behave maturely during exchanges of the children. The parents shall also:

A. Share equally the transportation of the children, with each parent driving one way, pickup or drop-off, except in special circumstances and when agreed upon by both, or as stated otherwise in this agreement.

B. Help to prepare the children, both mentally and physically, for these transitions by having the children packed and ready to leave on time, and by encouraging the children to spend time with the other parent.

2.6. Lateness.
Both parties shall be prompt when either picking up or dropping off the children. If a parent cannot be on time, he or she shall notify the other as far in advance as possible. If a parent is more than 5 minutes early, the other parent may make him or her wait. If a parent is 15 minutes late and has not called, the waiting parent may call him or her if they wish. If the parent picking up the children is more than 15 minutes late, the waiting party may require him or her to wait for up to 1 hour after the original time to accommodate the other parent’s schedule. If lateness becomes a chronic problem, they shall determine in mediation / arbitration how to resolve this issue, which may include penalties for the parent who is habitually late.

2.7. Cooperation On Co-Parenting.
The parties will regularly discuss the day-to-day routines and decisions being implemented in their homes to help the children feel comfortable in both homes by minimizing the differences in parenting styles. The parties also agree that:

A. Neither shall be required to follow the suggestions of the other party unless ordered by the arbiter.

B. Both parents will cooperate in fostering the best interest of their children.

C. Each parent has the right to create an independent life with the children, allowing each to continue to play a full and active role in providing a sound emotional, moral, social, and educational environment for the children.

D. Both parents will share information on any condition, problem, significant fact or circumstance, which may affect the other parent’s relationship with, or the well-being of the children.

2.8. Non-involvement.
Neither party shall ask, nor attempt in any way to have, the children transfer messages between the parties, either verbal or written. The parents will contact each other directly via phone or email to discuss personal or child-related issues between themselves and not involve the children.

2.9. Social Activities and School Functions.
Both parties will be entitled to participate in all social and school functions their children attend.

2.10. Daily Expenses.

All expenses incurred to ensure the proper care and support of the children, while the children are with each parent, shall be the responsibility of that parent including: meals, clothing, minor day care, etc.


2.11. Other Expenses.
All other child-related expenses will be shared equally by both parents, if both agree the expenditure is desirable or necessary. This includes, but is not limited to: the purchase of an automobile; air, sea or train travel tickets; ski equipment and ski resort passes; special classes or programs, and any other expenses above $200.

2.12. Work-Related Child Care.
The mother will arrange work-related childcare for James who will be taken care of by Willow’s Preschool facility, Monday through Friday from the hours of 9 a.m. to 4 p.m.

2.13. Illness.
The parties also agree to notify each other when either child is ill. When either child is ill, regularly scheduled parenting times will be kept, unless both parents agree that it would be in the best interest of the child / ren to temporarily reschedule.

3. PARENTING TIME.
3.1. Overnights with James.
Due to his age, James will spend 7 overnights per week with his mother and no overnights with his father.

3.2. Additional Parenting Times.
The father will have uninterrupted time with James on Tuesday and Thursday evenings from 5 p.m. until 7 p.m. and on Sundays from 1 p.m. until 4 p.m. The mother will drop James to the father’s home when his parenting time begins and the father will drop James at the mother’s home when his parenting time ends. The father will notify the mother at least 48 hours in advance by email, followed by a phone call, if he cannot pick up James at the above times.

3.3. Overnights with Rebecca.
The overnight schedule with Rebecca will rotate on a two-week basis. She will spend 7 consecutive overnights per week with the mother beginning when school lets out on Friday, September 21 of this year, until the following Friday morning when she drops Rebecca off at school. The father will pick Rebecca up from school on Friday afternoon and will drop her off at school the following Friday morning. In the event that Rebecca is sick or there is no school on Friday, the parent who is scheduled to drop the child off to school that day will keep the child until the time school would normally end. The other parent will pick the child up at the other parent’s home at the normal time on Friday afternoon. During summer vacations, the same schedule will be maintained, except that Rebecca will be picked up and dropped off at the other parent’s home.
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Old 03-20-2011, 01:14 AM
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3.4. Additional Parenting Times.
Both the father and the mother will have uninterrupted time with Rebecca on Tuesday evening from 5 p.m. until 7 p.m. during the other parent’s time, as long as the parent and the child are in town and not on vacation. Each Tuesday, the parent with the child will drop off Rebecca at the other parent’s home at 5 p.m., and that parent will return Rebecca at 7 p.m. The parties will notify each other at least 48 hours in advance by email and phone if either cannot pick up the child at the above times.

3.5. Increases in Parenting Time.
Due to his age, James will live with the mother primarily. As he grows, both parties agree that it would be appropriate for James to spend more overnights with his father. Therefore, when James reaches 2 years of age, he will begin spending 1 overnight per week with his father. At the age of 3 years old the overnights will increase to 2 per week. At the age of 4 years old the overnights will increase to 50% or half time with each parent. The parents will consult with one another to determine the best overnight schedule for James 60 days before his birthday. As preparation for an easy transition to the new schedule, the parents will begin telling the child in advance of the upcoming change in parenting time. If there is a disagreement as to the new schedule, they will take the issue to mediation for resolution.

3.6. Special Days.
Special days take precedence over normally scheduled parenting time. The mother will have the children on Mother’s Day and on her birthday from 9 a.m. to 7 p.m. The father will have the children on Father’s Day and on his birthday from 9 a.m. to 7 p.m. Both parents give each other permission to take the children out of school on the days specified in this point. The child’s birthday shall be split, with each parent having half the day, unless a temporary arrangement is reached prior to the birthday. The day will be split accordingly:
Father – 9 a.m. to 1 p.m.
Mother – 1 p.m. to 5 p.m.
At 5 p.m., the children will then be returned to whichever parent has parenting time for that evening.
3.7. Annual Vacation.
Both parties shall have a block of uninterrupted vacation time with their children each year to use as they see fit. During this time, the other parent’s parenting time is suspended. When James is between the ages of 2 and 3 years old, the father will have a three-day block of time, four times per year with him. As James gets older, the father’s allocated vacation time shall increase, until he has the same amount of time as the mother. When the child reaches the age of 3, the father will have 1 full week of vacation time. At the age of 4, vacation time will increase to 10 full days. At the age of 5, the father can choose the same blocks of time with the youngest child as he now has with the oldest child, which consists of: either two consecutive weeks of vacation time or 1 week twice per year. The parties will choose their times at least 30 days, but preferably 60 days, in advance and will notify the other parent of their vacation plans by email or certified letter.
3.8. Holidays.
Each year, parenting time on holidays shall be divided as follows:
The mother shall have the child from 9:00 a.m. until 7:00 p.m. on,
· Memorial Day
· Martin Luther King’s Birthday
· Columbus Day
The father shall have the child from 9:00 a.m. until 7:00 p.m. on,
· President’s Day
· Labor Day
· Halloween
3.9. Major Holidays.
The mother shall have parenting time on the following holidays in even-numbered years, and the father in odd-numbered years, from 9:00 a.m. until 7:00 p.m. on,
· July 4
· Passover, 1st Seder
· Passover, 2d Seder
· Rosh Hashanah, 1st & 2nd days
· Thanksgiving
· Chanukah, 1st night
· New Year’s Day
· Yom Kippur
· Chanukah, last night

The following holidays will be divided as such:
  • Christmas – On the even-numbered years the mother will have the children on Christmas Eve from 5 p.m. until 11 AM Christmas morning. The father will have the children from 11 a.m. until 7 p.m. Christmas afternoon.
  • Christmas – On the odd-numbered years, the father will have the children on Christmas Eve from 5 p.m. until 11 AM Christmas morning. The mother will have the children from 11 a.m. until 7 p.m. Christmas afternoon.
If either party wants a temporary change in the holiday schedule and both parents agree, the requesting parent must offer another holiday within the same year as compensation.
3.10. School Breaks.
Until the parties have equal parenting time any school or day care breaks will be divided as follows:
The mother shall have the child on,
Winter Break - 1st half
Spring Break, last half
The father shall have the child on,
Winter Break, last half
Spring Break, 1st half
3.11. Summer Breaks.
When parenting time is equal and there are school or day care breaks, the parties will keep their normally scheduled parenting times, except for holidays and vacations.
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Old 03-20-2011, 01:15 AM
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3.12. Makeup Time.
The father shall have equitable make-up time when he misses parenting time with James due to child-related illness, bad weather, scheduling or other reasons beyond his control. If a holiday or special day scheduled for one parent falls on a party’s weekend parenting time, the other party shall receive the other day of that weekend as make-up time. When parenting times are equal, holidays and special days shall supersede regular parenting times without compensation.

3.13. Temporary Adjustments.
The parties shall be flexible in making temporary adjustments in their parenting schedule for unexpected situations. The parent seeking an adjustment shall give the other parent as much advance notice as possible (at least 24 hours except in an emergency). The other party shall use his or her discretion in allowing for an adjustment, but shall not unreasonably refuse.

4. CHILD SUPPORT

4.1. Child Support for James Thompson.

A. The father will pay the amount of $274 directly to the mother on the first of each month, based upon the state of Colorado’s child support guidelines. If either parent’s net (pre-tax) income decreases or increases by 10%, adjustments to child support will be made at the annual meeting. Payments will continue until the child is emancipated, the parent collecting child support is deceased, or the arbiter determines otherwise.

B. The parties will meet annually in mediation to determine any corrections or adjustments to ongoing child support (see Point 4.3., “Annual Meeting”).

C. Child support will start on September 1, 2000, and continue until the child reaches the age of 19.


4.2. Child Support for Rebecca Thompson.
Because the parties share equal overnights, their incomes are roughly equivalent and they wish to share the financial support for Rebecca equally, neither party will pay child support to the other.

4.3 Annual Meeting to Determine Adjustments in Child Support.
All adjustments to child support will be based on Section 14-10-115, C.R.S. 1973, as amended, of the Colorado child support guidelines. To keep child support current and fair, the parties will meet annually to determine sufficient child support for the upcoming year.

A. This meeting will take place annually on September 15, beginning in 2001, or at an earlier time if both parties agree. The father will be responsible for coordinating the exact time of the meeting with the other parent and the mediator a minimum of 30 in advance.

B. The parties agree to disclose any and all increases in net (pre-tax) income and will present their tax returns at the meeting if their incomes have either increased or decreased more than 10%. The change in income will be calculated from the month the increase or decrease began for the tax year in question and any and all adjustments will be calculated from that month onward.

C. The purpose is to find out if either party over or under paid the other and to determine the correct amounts whereby reimbursements can be made to the party owed. Once the amount is determined, and if either party owes the other, then reimbursement will be made in a lump sum payment within 90 days.

D. Either party can, at any time, request a meeting with the mediator if his or her income has either increased or decreased more than 10 % for the sole purpose of modifying the current child support. A memorandum will then be prepared by the mediator, signed by both parties, notarized, and filed with the court as an addendum to this agreement.

4.4. How Child Support Payments Will Be Made.
The mother will open a checking account in her name, and the father will deposit child support payments into the account by the first of each month for that month. The mother will keep the father supplied with deposit slips and will send him a copy of the bank statement every month within ten days after receiving the statement.

5. EDUCATION.
5.1. School.
The schools attended by both children will be mutually decided upon by both parties. All expenses related to school such as: books, uniforms, sports equipment, and other supplies, will be shared equally by both parties.

5.2. College.
The college or institute of higher learning that the children attend will be selected by the parents and the children, and based upon the parents’ financial means. Both parties agree to create and maintain a separate college fund for each child, until they reach the age of 18, at which time the fund will be available to them for their higher education. Each parent will contribute 2% of his or her monthly net (pre-tax) income, with contributions to be made on the 15th of each month beginning July 15, 2002. The custodian of this fund will be the children’s grandparent, Susan Thompson. If either child decides not to attend college or an institute of higher learning, the parents and that child will decide, at that time, how the funds will be used. A college fund account will be opened by the mother for both parents to deposit their monthly contribution.

5.3. Additional College Expenses.
If the fund does not cover all of the educational expenses, including tuition, room and board, books and other necessary materials, the parents and the child will meet at that time to determine how to pay the additional expenses.

6. PHYSICAL AND MENTAL HEALTH CARE.
6.1. Medical Decisions.
Decisions regarding health care, including the selection of physicians, dentists, psychotherapists, or other health care providers and specialists, will be part of our mutual decision-making process. Each parent will be entitled to complete information from all of the providers attending to the needs of the children. All forms and releases that are filled out by either parent will always include the full legal name of the children and will also include both parents’ names and contact information.


The providers chosen for the children’s health care needs are:
  • Primary Care Physician / Pediatrician – Dr. Jane Simmons
  • Dentist – Dr. Bill Fitzpatrick
  • Vision Care – Dr. Lily Cone
  • Counseling – Dr. Jim Conrad
6.2. Medical Appointments.
Ordinary, non-emergency medical appointments will be scheduled by the parent who the child is with at that time. The scheduling party will provide notice of the appointment to the other parent by email within 72 hours after the appointment is set. Routine medical appointments will be coordinated with both parent’s schedules, and the parents will cooperate in scheduling.
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Old 03-20-2011, 01:15 AM
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6.3. Emergencies.
In an emergency, either party may sign releases to obtain medical treatment, make necessary medical decisions, or take other measures to insure and protect the health or safety of the children. The parent with knowledge of the emergency will notify the other parent of the nature and extent of the emergency and the recommended treatment for the child immediately, and will attempt to contact the other parent before any medical care is administered. Both parties agree to list each other on all medical forms as a contact for a medical emergency.

6.4. Notification of Health Conditions and Treatment.
If either parent receives a copy of a report from a health care provider, which lists existing conditions, work accomplished by the health specialist, or the recommendation of treatment for the children, that parent will furnish the other parent with a copy of the report within 10 days of receipt. If either parent becomes aware of any mental or emotional problem with the children, the parent with this knowledge will immediately (within 48 hours) convey this information to the other parent in writing either by e-mail, fax or certified letter. The parents will then schedule a time to meet, either by phone or in person within 7 days, or sooner if possible, to discuss the situation and agree on a resolution.

6.5. Dental.
The parties will provide dental insurance for both children only if one of the parties’ employers provides this as a benefit. If a dentist suggests that either child requires braces, the parties will seek a second opinion before making a mutual decision on whether to proceed with treatment. All dental expenses, including those not covered by a company plan, will be shared equally between the parties.

6.6. Medications.
If either child, either temporarily or permanently, needs medication, it will be the responsibility of the parent with whom the child is residing to pack the medications, along with any written instructions that apply, each time that child is transferred from one home to the other. If a parent forgets to include the medication, it will be the responsibility of that parent to deliver the medication to the other parent as soon as possible.

6.7. Counseling.
If, for any reason, either child requires counseling, both parents agree to allow the child to visit a professional in this field listed in Point 6.1. The parties also agree to allow the professional to decide when the treatment has been completed.


7. INSURANCE

7.1. Medical Insurance and Expenses.
The father will use his employer’s company health care plan to insure the children. Any premium costs not covered by the company will be shared equally by both parents.

A. The mother will pay the amount of $35 to the father as her share of the incurred premium costs on the 15th of each month from July 15, 2002 for as long as the current coverage is in place.

B. In the event that the father leaves the company, thereby forfeiting the insurance, the parents will meet to discuss potential medical insurance plans and determine an alternative to replace the current plan.

C. All other medical expenses not covered by insurance, including medications, deductibles and co-payments, will be split equally between the parents. The father will present bills within 10 days of receipt and will be reimbursed by the mother within 20 days.

7.2. Life Insurance.
The father will secure a term life insurance policy for James to cover remaining child support in case of his premature death. The policy will name the child as the Beneficiary and the mother as the Guardian of all proceeds.

A. The policy for James will be in the amount of $60,000, declining by $3,000 a year, until the child support obligation ends or the child is emancipated.

B. No life insurance is needed for Rebecca, since there is no child support obligation.

C. The mother has the right to full disclosure regarding the father’s life insurance policy including any changes that are made to the policy. This information will be provided to the mother within 7 days upon request. If the insuring agency is changed, the father will notify the mother in writing and provide a copy of the new policy within 30 days of receiving the new policy.

D. If, in the unfortunate event of the accidental death of both the father and the child / ren, the father names his brother, William Thompson, as sole beneficiary, receiving the full benefits of the policy.

7.3. Auto Insurance.
When the children are old enough to operate a motor vehicle, the parents will share the cost of car insurance equally until the children reach the age of 19.

8. CONTACT INFORMATION, RELOCATION AND FOREIGN TRAVEL.
8.1. Contact Information.
Each party shall keep the other informed as to residence address, home, work and cell phone numbers, e-mail addresses and any other important contact information, including how to be reached in the event of an emergency.

8.2. Relocation.
Neither party will move further than 30 miles from the other parent, unless agreed upon mutually. Any relocation plans being considered will be shared with the other parent at least 60 days prior to the move; the parents will meet and discuss how the move might impact the children. If a move occurs, the parents will work together to minimize any confusion or emotional harm that may come to the children through the following approaches:

A. The parties will discuss the potential move and the reasons for the move with the oldest child and listen to how she feels about it.

B. The parties will talk to the children about the move in a positive way and emphasize the good things that will come from this change.

C. The parties will take into account the children’s concerns about the move and do everything possible to help them feel secure. They will also consider adjustments in their parenting schedule to help prepare the children for the move.

D. We will consider not moving if the children are opposed to it.
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Old 03-20-2011, 01:16 AM
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8.3. Child Travel Related Expenses.
If one of the parties moves more than 100 miles from the other party’s home, 80% of all theadditional travel expenses for the children, such as plane, train, bus or auto, will be paid by the party who moves unless the parents both agree to another arrangement at that time.

8.4. National and International Travel.
Either party can obtain permission to take the children out of the state or the country for vacation purposes by notifying the residing parent in writing or by email with 30 days advance notice. Such notice will not be required in the event of a death or illness of a close family member, which only requires 48 hours notice. If a parent takes the children on vacation, he or she will provide contact information to the residing parent whenever possible. Both parties recognize that there are certain times such as camping trips or foreign travel where it may be difficult to provide specific contact information.

8.5. Passport[s].
To facilitate international travel, the residing parent will provide the traveling parent with a signed, notarized letter of permission (which includes the address and phone number of the residing parent) to be presented to airline and Customs officials in order for the children to be permitted to leave the country. The father will be responsible for securing and holding on to the passports, but the parents will split the cost of the application fees.

9. COMMUNICATIONS AND MUTUAL DECISION-MAKING.
9.1. Parent Communications.
Both parties agree to communicate with each other as clearly as possible. They also agree to each establish an email account, whereby they can document problems with the child, request temporary changes in parenting time, notify each other of vacation plans, and express concerns over specific issues that may arise. All emails will be followed with a verbal confirmation in person, by phone or by voicemail to notify the other parent that an email has been sent to them.

9.2. Parent Child Communications.
Each party has the right to contact the children on a daily basis by phone. This call can take place between the hours of 5 p.m. and 7 p.m. This call will not be unreasonably denied by the residing parent, as long as it does not conflict with existing plans, scheduled events, or interfere with the child’s customary routine, thereby causing emotional discomfort.

9.3. Parent / Child Journal.
As a way to facilitate communications between the parties regarding daily events, immediate concerns, and information about the youngestchild’s well-being, a journal will be transferred from the parent who is giving the child to the other parent during exchange times, which will include any notations the transferring parent wishes to convey. Similar communications about the older child will take place either by phone or email.

9.4. Quarterly Meeting.
The parties will meet quarterly (or sooner if agreed) with a neutral party to discuss the children’s welfare and emotional development, or to resolve any outstanding issues between parties. This regularly scheduled meeting will take place quarterly on the first Tuesday of each quarter beginning August 2000 at 7 p.m., and will last for 30 minutes unless both parties agree to extend the meeting. The parties will notify each other of the issues they would like to address 7 days prior to the meeting, by email or letter. The meeting will take place at the neutral party’s home.

9.5. The Mutual Decision-Making Process.
Both parties recognize that in order to make mutual decisions, they must have trust and respect for each other and a willingness to negotiate on the issues. They also agree to put the needs of the children above their own. The process will work as follows:

1. When an issue arises, the initiating party will contact the other party by phone or email to address the specific concerns about the issue(s) and offer suggestions or potential solutions to come to an agreed upon decision.

2. If a decision cannot be made over the phone, the parent who initially voiced the issue will schedule a meeting to discuss it further with the other parent and a mutually agreed upon third party. This could include a mutual friend or mediator. If the meeting produces an agreement, a hand written version can be signed by the parties and the witness at that time.

3. Within [2 / 4 / 7] days after the meeting, the [father / mother] will type up the agreement and the parties will meet and sign, notarize, and file the agreement with the court as an addendum to this Parenting Plan.

4. If an agreement is not reached, the initiating party will send an email to the other party in order to:
· Summarize the discussion and suggest an additional meeting time; or,
· Confirm a previously agreed upon meeting time and location; or,
· Invoke an official mediation session with the professional specified in Section 10, “Mediation and Arbitration,” to both resolve and finalize a decision on the issue(s).


9.6. Mutual Decisions.
Mutual decisions to be made by both parties will include:

1. Any expenditures over $__________.
2. Any requested changes, either temporary or permanent, in the parenting schedule, including overnights, visitations, vacations or other shared parenting times.
3. All health care providers, including counseling or other emotional health support providers.
4. Selection of childcare providers if more than [10 / 15 / 20] hours per week.
5. All medical and dental treatment other than checkups and exams.
6. Social activities and sports.
7. Choice of schools and lengths of time attended, including private schools or college.
8. Any activities, special classes or programs that may interfere with the other parent’s scheduled parenting times.
9. Meetings that both parents must or should attend, either through school or special programs.
10. Religious programs, training or churches the children will attend.
11. Any potential changes that might modify this Parenting Plan.
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Old 03-20-2011, 01:17 AM
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10. MEDIATION AND ARBITRATION.
10.1. Mediation Guidelines.
Both parties agree to enter into mediation and arbitration in good faith, and to abide by the agreements made in that process. They will use mediation and arbitration as the way to resolve all issues regarding shared parenting time and responsibilities, child support, or to make any changes or adjustments to this agreement in the following way:

A. If the parties cannot reach an agreement on their own, either party may submit the dispute to mediation and both parties will make themselves available for mediation within 10 days. In the event that either party is out of town or unavailable, the time limit may be extended, but not in excess of 30 days.

B. Mediation must be initiated through written communication via e-mail or certified letter. Both parties shall supply each other and the mediator with a written statement of their position along with any evidence or factual matter regarding a specific issue 7 days prior to the meeting. Agreements made in mediation will be appended to this agreement.

C. The parties shall attempt to mediate the issue within one, 30-minute session. Mediation can continue for as long as necessary to resolve an issue, as long as both parents agree to do so.

D. If either party is no longer willing to mediate on an issue, the party can end the mediation session and request arbitration. The party requesting arbitration shall contact the arbiter and initiate the scheduling process.

E. The following mediator will be used:

Mediator — Richard Duncan

C. If the mediator is not available, the parties agree to utilize the professional he or she recommends.

10.2. Arbitration Guidelines.
Arbitration will be used if the parties are unable to resolve an issue in mediation. Either party can initiate arbitration. Decisions made through arbitration will be binding, carrying the same weight as a court order. They will use arbitration as the way to resolve any issues covered in this Parenting Plan and Child Support agreement that cannot be resolved through mediation in the following way:

A. Arbitration must be initiated through written communication via e-mail or certified letter to the arbiter and the other party. Both parties shall then supply the arbiter with a written statement of their position along with any evidence or factual matter regarding a specific issue a minimum of 48 hours prior to the meeting.

B. The following arbiter has been agreed upon by both parties:

Arbiter — Sally Reynolds

C. If the arbiter is unavailable, the parties agree to utilize the professional he or she recommends.

10.3. Fees.
The costs of mediation and arbitration shall be shared equally unless otherwise ordered by the arbiter.

11. RELATIVES AND SIGNIFICANT OTHERS.
11.1. Relatives.
Ongoing relationships between the children and relatives will be encouraged and continued. This list includes grandparents Bill and Julie Thompson and Richard and Sophie Beckman, Uncle Joe Thompson and Cousin Ann Beckman. Both parties agree that it is proper and permissible to have any of the above-named individuals care for the children, as needed, during scheduled parenting time.

11.2. Significant Others.
Ongoing relationships between the children and significant others will be encouraged and continued. This list includes Steve Pearson, Jane Richards, Bill Simms and Trisha Cummings. Both parties agree that it is proper and permissible to have any of the above-named individuals care for the children, as needed, during scheduled parenting time.

12.TAXES AND WILLS.
12.1. Tax Exemption.
Both parties agree that they shall be entitled to the dependency exemption for the minor children on alternating years. The mother will file for the exemption on even-numbered tax years and the father on odd-numbered tax years. The primary-caregiver will sign and deliver the IRS release form #8332 (which allows the exemption transfer) to the non-custodial parent within 30 days of the tax year in question, so that the non-custodial parent can claim the dependency exemption for the children for that year.

12.2. Wills and Guardianship.
Each party agrees to have a Will completed by September of 2002, which both names the children as the beneficiaries of his or her estate, and addresses the guardianship of the children. Each party has the right to review each other’s Will, or have it reviewed by an impartial third party to ensure that the clauses of the Will that pertain to this agreement are satisfactory.

13. GENERAL COVENANTS AND PROVISIONS.
13.1. Understanding and Certification of the Parties.
The parties certify that they have carefully read this agreement, that it has been fully explained to them by their attorney(s), or in the event that either party has not retained an attorney that they understand all of its terms and provisions, and that they are signing and executing this agreement without duress, coercion, or undue influence and with full knowledge and understanding of the economic circumstances of the other party and of the provisions contained herein, said provisions being in their opinions fair to both parties and their children.

13.2. Enforceable by the Court.
The parties understand and agree that the provisions of this Parenting Plan may be approved and adopted as part of their divorce decree and, if so approved, will be enforceable by this court.

13.3. Non-Interference.
Each party shall be completely free from the interference, authority and control over the other, except as impacts the care of the children, as set forth in this agreement. Each party shall have the right to conduct his or her social life and business affairs as he or she sees fit without interference or comment from the other. The parties also agree that if the arbiter finds either party’s actions against the other to be dishonest or deceptive, frivolous, or in any way violates the guidelines set forth in this agreement, the arbiter can order the defendant to pay all costs for arbitration and legal fees incurred by the plaintiff, plus damages for suffering and reasonable fees for time spent in defense.

13.4 Adjustments or Modifications.
All permanent adjustments or modifications to this [Custody / Parenting Plan / Child Support] agreement will be made in writing, signed by both parties, notarized, and filed with the court. Temporary or minor changes can be made whenever the parties agree.
  #8 (permalink)  
Old 03-20-2011, 01:21 AM
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SEPARATION AGREEMENT

provided by candivorce.ca



THIS AGREEMENT made the________ day of _____ _______________________ 20____.

BETWEEN:
__________________________________________________ __________________
(referred to in this Agreement as "Party 1")
of the City of __________________, in the Province of__________________

AND:
__________________________________________________ ____________________
(referred to in this Agreement as "Party 2")

of the City of___________________, in the Province of_________________________

Definitions
Also see terms as defined by the Divorce Act. (at To Divorce in Canada You Only Need to Comply With 2 Rules)

"Marriage" means two people that are legally married to each other.

"Separation" means that one of the parties have left, the parties are living separate and apart for the purpose of quitting the marriage. (It is possible to live separate and apart while living under the same roof.)

This agreement may be use by people who are not married.
"Child of the marriage" means a child of two spouses or former spouses who, at the material time, is under the age of majority and who has not withdrawn from their charge, or is the age of majority or over and under their charge but unable, because of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life.

Background

The parties were married to each other at ___________________________in the Province

of ___________________ on the _______ day of _____________________, 20_____.

Party 1 and Party 2 agree to live separate and apart and have lived separate and apart since the ______ day of ___________, 20____. The parties intend to continue to live separate and apart according to the terms and conditions described in this agreement. Each shall be free from interference, authority and control by the other as if each were unmarried. In addition, the parties intend the terms of this agreement to be:

(1) A final settlement of their respective rights to property.

(2) The assets and liabilities of the Party 1 and Party 2 are accurately and completely described in
this agreement.

(3) Final settlement of custody, access, guardianship and support.

(4) The parties understand that custody and child support issues in all provinces are governed by
the Federal Child Support Guidelines.

Party 1 and Party 2 have __________________ children of the marriage as follows:

Name of Child Age Date of Birth
This agreement and everything contained in it shall continue to govern the relationship between Party 1 and Party 2. This agreement survives divorce.
The laws of the Province of ___________________ shall govern this agreement.
Once signed and witnessed, this agreement may be amended or varied by a court order, or by written agreement between Party 1 and Party 2. When executed this agreement is a domestic contract, without need to file in a court unless requested as evidence.
Custody and Access (strike out words or whole sections that do not apply. Ex. Party 1 / Party 2 )
Party 1 / Party 2 shall have sole/joint custody and Party 1 / Party 2 shall have primary residency of the following child/ren:
Name of Child Age Date of Birth
Party 1 / Party 2 shall have access to the children on the following terms:

Guardianship is the appointment of a third party to care for any non-adult children in the event you die or become incapacitated. Party 1 and Party 2 hereby appoint guardians of the child/ren named below and further agree as follows:
Child Support (strike out words that do not apply; ex. Party 1/ Party 2, his/her and keep the nouns in agreement)
In accordance with the Child Support Guidelines, Party 1 / Party 2 shall pay to Party 1 / Party 2 for child support
the sum of $____________ per month, beginning on the ______ day of ________________, 20____.
and continue on each month until the children of the marriage are no longer children of the marriage as defined by the Divorce Act. Both parties agree that they are familiar with the Federal Child Support Guidelines.
( see the guidelines at www.candivorce.ca/child.htm)
In addition to the amount above described, Party 1 / Party shall pay to Party 1 / Party for special expenses, the sum of $__________, to be paid at the same time as the payment described above.
Each party shall provide the other party with a complete copy of his or her income tax return and any notices of
assessment and reassessment issued to him or her by the Canada Customs and Revenue Agency on an annual basis on or before June 30th of each year, as long as there is a child of the marriage as defined by the Divorce Act (Canada)
In the event that a party has not filed an income tax return for the previous year, he or she shall provide the other party with copies of his or her T4, T4A and all other relevant tax slips and statements disclosing any and all sources of income, including self-employment income.
Spousal Support
The parties agree to the following.
  #9 (permalink)  
Old 03-20-2011, 01:22 AM
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Assets and Liabilities
Income Tax
Party 1 agrees that he has paid, or will pay when due all his income tax owing and that he will pay any and all outstanding taxes.
Party 2 agrees that she has paid or will pay when due all her income tax owning and that she will pay any and all outstanding taxes.
Assets
Party 1 shall hereafter own and possess the following assets: (may use extra pages)
Description Value
Party 2 shall hereafter own and possess the following assets: (may use extra pages)
Description Value
Liabilities
Party 1 accepts sole and exclusive liability for the following debts, and indemnifies and saves harmless Party 2 of and from any and all liability hereunder.
Description Value
Party 2 accepts sole and exclusive liability for the following debts, and indemnifies and saves harmless Party 1 of and from any and all liability hereunder:
Description Value
Neither party shall pledge the credit of the other or bind the other for debt.
Matrimonial Home

The husband and the wife hold in joint tenancy the matrimonial home located at

Option A (strike out words that do not apply; example, Party 1 / Party 2 , and strike out whole sections which do not apply)
Upon the signing of this agreement the Party 1 / Party will obtain sufficient financing to discharge Party 1's / Party 2's mortgage obligations. Upon signing of this agreement the Party 1 / Party 2 shall be solely responsible for repairs and maintenance to the matrimonial home, pay the mortgage, maintain all taxes, insurance, heat, water, and other charges, and keep the matrimonial home fully insured and will indemnify Party 1 / Party 2 from all liability relating to these expenses.
Upon signing of this agreement, Party 1 / Party 2 will transfer all of his / her rights in the property to the Party 1 / Party 2, the cost of preparation and registration are set out below. Until transfer, the Party 1 / Party 2 shall have the right to exclusive occupation and possession of the matrimonial home without paying rent. The fair market value of the matrimonial home shall be determined by accredited real estate appraisal and the Party 1 / Party 2 shall split the proceeds which shall be calculated as follows:
1. Appraised value $
2. Less current mortgage $
3. Less costs of selling. $_________
$
Or, Option B (strike out words that do not apply)

On or before the ______ day of ___________, 20___, the matrimonial home shall be listed for sale and sold as soon thereafter as is reasonable. Until the completion of the sale, Party 1 / Party 2 shall have a right to exclusive occupation and possession of the matrimonial home without paying rent. Upon the sale the proceeds obtained shall be distributed as follows:
1. To discharge any mortgage.
2. To selling costs and fees.
3. To taxes and utilities and other adjustments
4. And the balance to be divided equally between the parties
5.
6.
Or, Option C

Keep it simple and write in your own words your agreement dealing with the matrimonial home.
Equalization Payment(strike out words that do not apply)
Upon signing this agreement the Party 1 / Party 2 shall pay to Party 1 / Party 2, approximately $________________ being 50% of the total calculated above in full and final satisfaction to Party 1 / Party 2 entitlement to any and all claims against the Party 1 / Party 2. This amount takes into account all "property" and "net family property" including but not limited to the following.
1. Party 1's / Party 2's mortgage debt of the matrimonial home.
2. Party 1's / Party 2's interest in the matrimonial home.
3. An equalization payment.
4. Party 1's / Party 2's pension credits.
Personal Property

The contents of the matrimonial home have been divided between the parties or have been
purchased or the value set off against the value of other property by one or the parties to the satisfaction of each of them.
Acceptance

The parties further acknowledge and agree that:
(1) Each party has had the opportunity of obtaining independent legal counsel.
(2) The facts contained herein are true and accurate.
(3) They each have general knowledge of the other's affairs, assets and liabilities.
(4) They each have acted in good faith and have made full disclosure of their financial
circumstances to the other.
(5) They have each read and understood this agreement; they each sign this agreement as free
agents, without any pressure, influence, or intimidation by anyone
  #10 (permalink)  
Old 03-20-2011, 01:22 AM
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Posts: 228
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IN WITNESS WHEREOF the Parties sign on (date) _______, ___________, 20 ___,
at (city) _________________, in the Province of ____________.
SIGNED BY PARTY 1, in the
presence of ]
]
]
______________________________ ]
(Signature of Witness) ] ________________________ ] signature of PARTY 1
______________________________ ]
(Print Name) ]
]
______________________________ ]
(Address) ]
]
______________________________ ]
(Occupation) ]



SIGNED BY PARTY 2, in the presence of:
]
___________________________________ ]
(Signature of Witness) ]
] _________________________
___________________________________ ] Signature of PARTY 2
(Print Name) ]
]
___________________________________ ]
(Address) ]
]
___________________________________ ]
(Occupation)
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