I have to attend a case conference due to my ex wanting to reduce my parenting time with my 4 and 6 year old daughters.
Having only recently (April 2011) agreed to a separation agreement/parenting arrangement which allows me (father) the following:
Week 1: Fri 5:30 p.m.–Sun 6:00 p.m.
Week 2: Fri-5:30 p.m Mon drop off at school
Week 3: Fri 5:30 p.m -Sat 9:00 a.m.
Week 4: Fri 5:30 p.m.–Sun 6:00 p.m.
and
Every Tue and Wed, 5:30 to 8:30
My unemployed ex is not happy with the arrangement, despite 4 months of extensive/expensive negotiations. She insisted on no overnights with me during the week so that the girls would have a regular routine. However, she is now unhappy with her minimal weekend access. She now wants the agreement changed to limit my access to alternating weekends, and every second Wed overnight. Essentially this would maintain the # of overnights, but reduce the # of visits per month by 8.
She claimed a “material change of circumstances” in that she had gained employment, which was a part-time 2 day per work/training job. This job has now dried-up. Her arguments have now shifted from her work to the girls being too tired after visiting me on weeknights. The material change now proposed is that one daughter is attending school full time (Grade 1) and the other is now attending half day school (JK).
The fact that the girls are now attending school was foreseeable and therefore not a material change, and the “too tired” argument is nonsense; teacher report cards state there are no concerns and the girls are progressing well. The changes she is requesting are in my view very premature and I believe my ex is just trying to set herself up strategically to maximize future financial support.
I have counter-proposed that (1) we maintain the current arrangement and (2 if it must be changed, that my parenting arrangement be: every Tue and Wed overnight and every second weekend Fri after school to Mon morning drop off at school.
My questions are these: how likely is that my ex will succeed in reducing my parenting time? What strategies are there to stop her from doing this? She is burning through the equalization payment and my legal fees are far beyond my discretionary income, given that much of my income goes to spousal and child support. I am certain she is going to pursue this tooth and nail every step of the way.
Having only recently (April 2011) agreed to a separation agreement/parenting arrangement which allows me (father) the following:
Week 1: Fri 5:30 p.m.–Sun 6:00 p.m.
Week 2: Fri-5:30 p.m Mon drop off at school
Week 3: Fri 5:30 p.m -Sat 9:00 a.m.
Week 4: Fri 5:30 p.m.–Sun 6:00 p.m.
and
Every Tue and Wed, 5:30 to 8:30
My unemployed ex is not happy with the arrangement, despite 4 months of extensive/expensive negotiations. She insisted on no overnights with me during the week so that the girls would have a regular routine. However, she is now unhappy with her minimal weekend access. She now wants the agreement changed to limit my access to alternating weekends, and every second Wed overnight. Essentially this would maintain the # of overnights, but reduce the # of visits per month by 8.
She claimed a “material change of circumstances” in that she had gained employment, which was a part-time 2 day per work/training job. This job has now dried-up. Her arguments have now shifted from her work to the girls being too tired after visiting me on weeknights. The material change now proposed is that one daughter is attending school full time (Grade 1) and the other is now attending half day school (JK).
The fact that the girls are now attending school was foreseeable and therefore not a material change, and the “too tired” argument is nonsense; teacher report cards state there are no concerns and the girls are progressing well. The changes she is requesting are in my view very premature and I believe my ex is just trying to set herself up strategically to maximize future financial support.
I have counter-proposed that (1) we maintain the current arrangement and (2 if it must be changed, that my parenting arrangement be: every Tue and Wed overnight and every second weekend Fri after school to Mon morning drop off at school.
My questions are these: how likely is that my ex will succeed in reducing my parenting time? What strategies are there to stop her from doing this? She is burning through the equalization payment and my legal fees are far beyond my discretionary income, given that much of my income goes to spousal and child support. I am certain she is going to pursue this tooth and nail every step of the way.
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