Sample Separation Agreement

[firhill]

You can cherry pick from this list.....courtesy of one of the posters whose name escapes me at this time:

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[1] The applicant father and the respondent mother shall have shared custody of the children, ___, born the Jan ___ , 1999 and ___, born Dec ____, 1999.
Parenting Schedule
[2] The children shall continue to reside with each parent in accordance with the current week-about schedule, save and except that the children shall spend Wednesday at 8 am to Thursday at 8 am with the parent with whom they are not residing during that week. The parties may agree to an alternate day for the weekly overnight sharing of time to occur.
[3] During the months of July and August, each parent may request one week without the mid-week overnight for the purposes of a brief vacation.
[4] The Christmas holiday shall be alternated between the parents by dividing the period from December 24th, 2012 at noon to December 26th at 5pm, such that the children will spend time with one parent from December 24th at noon to Christmas Day at 2pm and Christmas Day at 2pm to December 26th at 5pm with the other parent. The applicant father shall have the first block in even numbered years and the second block in odd-numbered years. The respondent mother shall have the first block in odd numbered years and the second block in even numbered years.
[5] The children shall be with the applicant father every father’s day from 10 am to 5 pm, and with the respondent mother every mother’s day from l0 am to 5 pm.
[6] School March breaks shall be divided evenly between both parents.
[7] All other holidays will be shared in accordance with the regular access schedule, save and except the Thanksgiving and Easter weekends, the children shall return to the care of their mother on Sundays at 12 noon. On Labour Day weekends the children shall be and/or remain with their father from Sunday at 12:00 noon until the commencement of school, on the Tuesday immediately following Labour Day, (or in the event that school does not commence the Tuesday following Labour Day, the children shall be with father at least the day prior to the commencement of school.), insofar as education shall be the father’s primary responsibility in relation to the children.
[8] The children’s birthday shall be spent with each parent according to the regular schedule. It is recognized that this may mean each parent will have to arrange an alternate date to celebrate the child’s birthday, other than the child’s actual birthday date.
Exchanges
[9] All exchanges shall occur either at the children’s daycare or at the Tim Horton’s restaurant at ________. ___________, Ontario or at such other neutral location that the parents may agree to from time to time.
[10] Should a third party accompany either parent to the exchange, they shall wait in the car of the parent they are accompanying.
[11] There shall be no direct communication between the parents at transfers, and there shall be no recording of the children, the parents or the accompanying parties by any method whatsoever, including audio or visual recording.
[12] Should either parent be more than ten minutes late to arrive at the transfer location, they shall notify the other parent by text message.
Communication:
[13] The parents shall consult one another by the current “Our Family Wizard” email program, concerning all Major issues relating to the children.
[14] Parents’ communication shall be limited to issues affecting the children, and shall be done by email, text, or in writing only.
[15] In the event of an emergency involving the children, the parents shall notify one another by sending a text message.
[16] In the normal course, a party receiving an email message shall be expected to answer that email message within 48 hours of its receipt by them.
[17] If the parents are unable to agree in relation to major issues affecting the children, then the applicant father shall have the final decision making authority with regard to issues affecting the children’s education and the respondent mother shall have the final decision making authority regarding dental, medical and general health issues.
[18] Should an issue be of major importance and cannot be resolved, then the parties shall revert to use of a parenting coordinator in order to resolve such issue.
[19] The parents shall not attend at one another’s home or workplace for any reason whatsoever without limitation.
[20] The children shall have phone access to each parent at their request.
[21] While each parent shall be entitled to attend the children’s school events and extracurricular activities, they shall not - directly or indirectly - attempt to communicate with the other parent while at the event, nor shall they attend with or near the other parent.
School:
[22] The children shall attend school at ______ Public School, in ________, Ontario.
[23] The applicant father shall complete any and all registration and related forms necessary to register the children for school.
[24] The applicant father shall ensure that he and the respondent mother are the primary emergency contacts.
[25] Each parent shall designate their respective mothers as the secondary emergency contact. Each parent shall also designate a third non-family member as an emergency contact.
[26] It shall be each parent’s responsibility to arrange directly with the school in order to receive duplicate report cards and notices, school schedules and so on. Neither party shall be restricted in any way from attending at the school or arranging appropriate interviews with teachers.
[27] The parents shall arrange for and attend separate parent-teacher interviews, as appropriate.
Health and Medical Care:
[28] Dr. ____ _______ shall continue to be the children’s family doctor, and Dr. ___ ________ shall continue to be the children’s pediatrician.
[29] Unless specifically arranged by the doctor in question, the parents shall not attend medical appointments together.
[30] It shall be the responsibility of the respondent mother to arrange for and attend all routine medical appointments.
[31] In the event emergency care is required, then the on-duty parent shall arrange for and attend. They shall notify the other parent of the necessity of such emergency attendance by way of text message.
[32] The on-duty parent shall notify the hospital of contact information for both parents when providing intake information to the hospital in these circumstances.
[33] Should circumstances require the parents to attend an emergency at the same time, and if they are unable to agree on emergency treatment, then the respondent mother shall make the necessary decision after consulting the treating physicians and the applicant father.
[34] The applicant father and the respondent mother shall be entitled to contact with, and obtaining information from, the children’s respective doctors, dentists, teachers, daycare providers and other professionals providing professional care for the children.
[35] The applicant father and respondent mother shall both enroll the children in any medical, dental and extended care benefit plans that may be available to them through their employment, and shall maintain the children under these benefit plans for so long as the benefits are available to them through their employment. Should such benefits become unavailable, they shall notify the other parent within 48 hours of obtaining such knowledge.
[36] It shall be the responsibility of the respondent mother to maintain all health records, immunization records and health cards for the benefit of the children. She shall provide copies of same to the applicant father in order to ensure that he has up to date records at all times.
Extracurricular Activities:
[37] Each parent may register the children for extracurricular activities for the time the children are in their care. They shall be restricted from registering the children in extracurricular activities during the time the children are in the other parent’s care.
[38] Each parent shall be solely responsible for transportation to such activities and for the costs of such activities, including registration fees and necessary equipment or transportation.
[39] Should the children receive invitations to attend a friend’s birthday party or other similar event, the parents shall attempt to accommodate the children’s desire to attend such events, regardless of which parent has care of the children at the time.

[firhill]

Counseling:
[41] The applicant father shall forthwith attend counseling services to support him in coping with the stress of separation and strategies for dealing with stressful situations arising from the circumstances of separation.
[42] The respondent mother shall forthwith attend counseling services to support him in coping with the stress of separation and strategies for dealing with stressful situations arising from the circumstances of separation.
Parenting Coordinator:
[43] The parents shall retain and utilize a parenting coordinator for the next twelve months, commencing from the date of this order. They shall renew the contract with the parenting co-coordinator thereafter as recommended by the parenting co-coordinator.
[44] The cost of the parenting co-coordinator shall be shared on a pro rata basis (currently 65% father, 35% mother).
[45] The parents shall undertake such a contract with a parenting co-coordinator in relation to mediation of disputes between them with a view to enhancing positive communication and to resolving differences in relation to issues affecting the children’s well-being and best interests.
[46] It shall be a term of such agreement with the parenting co-coordinator, that should the parents be unable to resolve an issue that does not fall within either’s decision-making area, the parenting co-coordinator shall make the final decision.
Children’s Residence:
[47] Neither party shall change their residence from the County of ________ without providing the other 90 days written notice of the intent to do so.
[48] Neither party shall remove the children from the Province of Ontario without the written consent of the other (which shall not be unreasonably withheld) or an order of this court.
Execution of Consents and Authorizations:
[49] Both parents shall execute any consents and authorizations reasonably required, directed to all persons including teachers, doctors, dentists, therapists and others involved in the care of the children, in order to permit such persons to communicate with both parents, and to provide to each of their any records, reports, file or other information regarding the children.
Change of Name:
[50] Neither parent shall take any action to change the name of the children without the written consent of the other parent. This provision shall be deemed to be an absolute bar to any such application.
Children’s Passports:
[51] The parents shall apply for passports for the benefit of the children jointly. Each parent shall have access to the children’s passports as might reasonably be necessary in order to accommodate consensual travel with the children. Should either parent wish to travel within Canada or outside of Canada, the other parent shall provide their written consent, provided they are first given a full itinerary and proposed dates for travel. The consent of each party shall not be unreasonably withheld.
Contact Information:
[52] Both parents shall ensure that the other is current in relation to knowledge of their residential address, home, work and cell phone numbers, email addresses and any other necessary contact information, including emergency contact information.
Other related children’s documentation:
[53] Both parents shall have full and unlimited access to all of the children’s documentation including, but not limited to, health card, SIN number and card, if still applicable, birth certificates and so on.
Child Support and Special Expenses:
[54] Child support shall be paid based upon the provisions of section 9 of the Child Support Guidelines for Ontario concerning shared custody. It is acknowledged that the applicant’s disclosed 2011 income is $_______. The mother’s disclosed 2011 income is $_____. Father shall therefore pay $xxx per month child support for the two children.
[55] Provided the father produces to the mother 12 post-dated cheques by January 1St of each and every year, the parties agree to withdraw from FRO.
[56] The parties shall exchange income tax Notices of Assessment by the 1st of June of each year in order to implement any change to child support that may be necessary. Any adjustment in the monthly child support payable shall be effective as of the 1st of May of each year. The first of such adjustments shall occur as of the 1st of May, 2013.
[57] The costs of all daycare shall be shared pro rata (currently xx% father, xx% mother). Both parents shall apply for and obtain any subsidy to which they may be entitled and the adjustment shall be based upon the adjusted cost. Daycare costs shall be paid as the costs for same become due.
[58] The parties shall cooperate in relation to the filing of income tax returns such that each shall benefit by claiming one child as dependent upon them given the sharing of time and in relation to daycare costs and expense. Should some other method of filing be deemed more feasible and of mutual financial advantage, the parties may file accordingly.
[59] The parties shall attend before me on a date to be set by the trial coordinator in late November, 2012 in order that the court can determine what progress has been made by these parents in relation to provisions set out in this judgment. The attendance will not be for the purposes of re-arguing any aspect of this judgment, but rather for the court to be satisfied that each parent has made their best efforts to comply with the terms of this order.

[firhill]

Here are some more points you can use (or not):

Custody:


1. The Applicant and the Respondent shall share full joint custody of their daughter xxxxx, born August 18th 1999.






Access:


2. The Applicant shall have access to xxxxx in accordance with the following graduated schedule:

a) Commencing the week of Monday, November 5, 2012:

i) Every Wednesday, from 9.00 a.m. to 2.30 p.m.

ii) Alternating Mondays, beginning with Monday November 5th, 2012, from 9.00 a.m. to 2.30 p.m.

iii) Alternating Fridays, beginning with Friday November 16th 2012, from 9.00 a.m. to 2.30 p.m.

iv) Alternating weekends, beginning with Saturday November 10th 2012, from Saturday at 9.00 a.m. to Monday at 2.30 p.m.


b) Commencing the week of Monday, December 3, 2012:

i) Every Wednesday, from 9.00 a.m. to 2.30 p.m.

ii) Every weekend, from Saturday at 9.00 a.m. to Monday at 2.30 p.m.


c) Commencing the week of Monday, January 7, 2013, the parties shall exercise shared (50/50) access to xxxxx, based on the 2/2/3 format, as outlined in attached Exhibit “A”.

i) The Applicant shall have full and uninterrupted access to Xxxxx every other Monday from 6 p.m. until Wednesday at 6.00 p.m. as well as every other Wednesday from 6.00 p.m. until Friday at 6 p.m. of the alternating week.

ii) The Respondent shall have full and uninterrupted access to Xxxxx every other Wednesday at 6 p.m. until Friday at 6.00 p.m. as well as every other Monday from 6.00 p.m. until Wednesday at 6 p.m. of the alternating week.

iii) The party who has access on Monday from 6 p.m. until Wednesday at 6 p.m. shall also have full and uninterrupted access to Xxxxx from Friday from 6.00 p.m. until Monday at 6.00 p.m. of the following weekend.

iv) The pick-up and drop off time of every exchange of access shall be 6.00 p.m.







Travel and Documentation:

6. The jurisdiction, in which Xxxxx habitually resides, as of October 22, 2012 shall not change without the consent of both the Applicant and the Respondent.

7 Xxxxx’s original passport, birth certificate, and social insurance card will be kept in a safety deposit box. Both parents will have keys to the safety deposit box. Both parties will inform the other parent when he/she will be accessing the documents. The documents will be promptly returned to the safety deposit box following each use, and the other parent will be notified that they have been returned

8 Within thirty (30) days of acceptance of this offer, the Respondent shall provide written consent to the Applicant in order that the Applicant may apply for a Canadian passport for Xxxxx.

9 Should either party plan on traveling, with Xxxxx, outside the Province Of Ontario they shall disclose such information, to the other party, at least seven (7) days in advance of such travel.

10 Within sixty (60) of acceptance of this offer, the Respondent shall provide the Applicant with a (Long Form) certified copy of Xxxxx’s Birth Certificate that lists the Applicant (John Doe) as Xxxxx’s father and reflects Xxxxx’s full legal name as either “Xxxxx Doe-Smith” or “Xxxxx Smith-Doe”.


Child Support:

11. The Applicant shall pay to the Respondent child support in the amount of $xxx per month, in accordance with the Child Support Guidelines.

12. Commencing in 2013 and each year thereafter, on or before June 30th, the Applicant agrees to provide the Respondent with copies of his completed, as filed, income tax return and Notice of Assessment for the previous tax year.




Section 7 Expenses:


14. The parties shall contribute, in proportion to their respective incomes, any special or extraordinary expense for Xxxxx, as defined by Section 7 of the Child Support Guidelines. Any such expense shall be the “net” expense after applying both the tax deduction benefit for child-care expenses, as well as the increase in National Child Benefit for the previous tax year, received by either party.

15. If any s-7 expenses are incurred between October 29, 2012 and June 30, 2013 they shall be calculated by applying a projected annual income of $xx,xxx.xx for the Applicant and a projected annual income of $xx,xxx.xx for the Respondent.

16. Beginning June 30 2013, any s-7 expenses incurred between July 1st of the current year and June 30th of the following year shall be calculated by applying both parties’ respective incomes from their filed tax return from the prior calendar year, along with any Notices of Assessments. Should either parties’ return show a gross annual income that is less than the Ontario Ministry of Labour’s minimum wage, then an annual income based on the minimum wage at the time shall be imputed.

17. Prior to any request for s-7 reimbursement, the requesting party will provide the other party with a copy of their filed tax return and Notice of Assessment for the previous tax year.

18. The party requesting the s-7 expense reimbursement shall provide the other party with a copy of the original receipt(s) showing the full cost of the expense incurred and offer them the opportunity to pay their (agreed upon) expense portion directly. This will allow for both parties to become directly involved in Xxxxx’s activity and lessen the likelihood that one party be viewed as more “in charge” than the other, in the eyes of administrators.

19. The parties agree that only expenses that total more than a $200 calendar month threshold shall be eligible to be deemed an s-7 special or extraordinary expense.



Miscellaneous Issues:


20. Should extended health and dental benefits become available to either party through their respective employment, that party shall maintain those benefits for the benefit of Xxxxx for as long as the benefits are available to the employed party and for as long as the child is eligible to receive same.


21. Any medical or dental expenses not covered under the parties medical and dental plans shall be shared between the parties pursuant to s.7 of the Child Support Guidelines.

[Travis Lee]

Thanks Mother, Firhill and oink! All is good. Appreciate everyones time!