IF you have read my last thread called "Ex trying to move 72km away with son" you will see that I have been in discussion with my ex over her wanting to move away with my son and having him uprooted from the life he has known since he was born.
In May of this year I recieved and email from my ex that she is requesting that I let her move her and my son 72km away to move in with her new boyfriend of 5 months. I wrote her back with a "non-consent" email along with an letter from my lawyer to her and to the school she wishes to enroll my son in and stated that I have joint custody and do not consent to any such move or enrollment of my son in another school.
I have always been in my sons life and enjoy a extensive access arrangement that has been in place since are divorce was made final in 2009.
Which is:
Week 1- Fri 6pm till Mon 730pm (this makes it possible that i can take him to school and be involved in his schooling)
Week 2 Sun 7pm till Mon 730pm
2 weeks in the summer and every other march break. Also rotating Xmas new years because one year my ex works both of the holidays and i never work either of them for i have every statutory holiday off (municipality employee)
Note that the 2 weeks holidays i had to fight her for in court this past November 2011 because this will be the first summer that i have my son for summer vacation. Even though in our order it stated "the respondent will have the child for extra time when agreed upon by both parties"
The last three years i would have plans made with her for taking my son for a week in the summer and at the last minute she would tell me no. So in 2011 i had enough and proceeded to take her back to court for 50/50 custody and ended up settling out of court with a new agreement that has been working fine until she threw the "I'm moving" bomb at me. I didn't fight for the 50/50 just made it that she was less controlling and i had more rights with my son.
So on Thurs i was summons to go to court because my ex is going to ask the court to allow her to move with my son 1hr 15mins away. After reading the court papers i have come to realize that my ex is an idiot. In this matter she will be representing herself in court and the reasons that she gives to move away are ridiculous. The points she makes in no way benefit my son, she even idmits that the move may negatively effect my son due to the fact that i will not seem his as much. She is asking the court to reduce my time to every other weekend, half the summer and every march break. In that the CS will remain the same but i will no longer have to pay DCC. This move will not allow me to be apart of his schooling his sports and all around his everyday life.
Currently she has him enrolled in his current school in which she works 200 meters away from and if she does move she will continue to work at the same location but is asking the court for my son to go to a different school an hour and 15mis away.
So after reading this malarkey, my wife and i have come to an agreement that we are going to turn it all around and ask the court for the exact same things she is asking us to do. Give her every other weekend, half the summer (2 week intervals), march break,half of Xmas holidays, her birthday, mothers day and a day during the week from after school till 7pm. it would mean that we would have primary residence of my son. His everyday life will remain status quo with the only change being the primary residence and access will change. This way she can have her cake and eat it too. My son will be happy because he will not be uprooted and she can move on with her life and be with the man of her dreams of 5 months. However long that will last......
What are your thoughts on this tactic and outcome of this situation...
kindly,
Kidscomefirst
In May of this year I recieved and email from my ex that she is requesting that I let her move her and my son 72km away to move in with her new boyfriend of 5 months. I wrote her back with a "non-consent" email along with an letter from my lawyer to her and to the school she wishes to enroll my son in and stated that I have joint custody and do not consent to any such move or enrollment of my son in another school.
I have always been in my sons life and enjoy a extensive access arrangement that has been in place since are divorce was made final in 2009.
Which is:
Week 1- Fri 6pm till Mon 730pm (this makes it possible that i can take him to school and be involved in his schooling)
Week 2 Sun 7pm till Mon 730pm
2 weeks in the summer and every other march break. Also rotating Xmas new years because one year my ex works both of the holidays and i never work either of them for i have every statutory holiday off (municipality employee)
Note that the 2 weeks holidays i had to fight her for in court this past November 2011 because this will be the first summer that i have my son for summer vacation. Even though in our order it stated "the respondent will have the child for extra time when agreed upon by both parties"
The last three years i would have plans made with her for taking my son for a week in the summer and at the last minute she would tell me no. So in 2011 i had enough and proceeded to take her back to court for 50/50 custody and ended up settling out of court with a new agreement that has been working fine until she threw the "I'm moving" bomb at me. I didn't fight for the 50/50 just made it that she was less controlling and i had more rights with my son.
So on Thurs i was summons to go to court because my ex is going to ask the court to allow her to move with my son 1hr 15mins away. After reading the court papers i have come to realize that my ex is an idiot. In this matter she will be representing herself in court and the reasons that she gives to move away are ridiculous. The points she makes in no way benefit my son, she even idmits that the move may negatively effect my son due to the fact that i will not seem his as much. She is asking the court to reduce my time to every other weekend, half the summer and every march break. In that the CS will remain the same but i will no longer have to pay DCC. This move will not allow me to be apart of his schooling his sports and all around his everyday life.
Currently she has him enrolled in his current school in which she works 200 meters away from and if she does move she will continue to work at the same location but is asking the court for my son to go to a different school an hour and 15mis away.
So after reading this malarkey, my wife and i have come to an agreement that we are going to turn it all around and ask the court for the exact same things she is asking us to do. Give her every other weekend, half the summer (2 week intervals), march break,half of Xmas holidays, her birthday, mothers day and a day during the week from after school till 7pm. it would mean that we would have primary residence of my son. His everyday life will remain status quo with the only change being the primary residence and access will change. This way she can have her cake and eat it too. My son will be happy because he will not be uprooted and she can move on with her life and be with the man of her dreams of 5 months. However long that will last......
What are your thoughts on this tactic and outcome of this situation...
kindly,
Kidscomefirst
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