I have a small scenario in which I'm looking for some guidance,
My ex and I signed an agreement in March, 2012 where I have agreed to pay 50% of daycare per S.7.
We also agreed to first right of refusal for any period over 6 hours (she doesn't want my common-law to look after them). Right of refusal states
"It is in the children's best interest to spend time with the other parent than with a third party. Accordingly, if either of them cannot care for the children, each party will have the right of first refusal if he/she is not able to personally care for the children for a period of more than 6 hours on the day that they are scheduled to care for the children due to Cantstandheranymore and her being required to work on the day he/she is scheduled to care for the children. Subject to the above, each party may use third party caregivers if the period he/she cannot care for the children is under 6 hours due to work commitments or the other party does not accept the right of refusal. " (abridged)
My scenario is that the children are in every other day kindergarten and full day daycare the other days.
She works mon - fri, I work 4 days on 12 hours and 4 days off 12 hours.
I have the children my 4 days off and do not require before and after school care. I have offered for her to drop kids off at my place (100 metres away from school) before school, and I can pick up (or new spouse pick up) all but one after school.
She has said no to this offer 3 times.
I instructed the daycare that I will only be paying 50% of the full day daycare. It was accepted for one month.
She took our separation agreement to the daycare. They have since stated that they will be billing me 50% per our agreement for "daycare".
My argument is that before/after school care:
#1 - is not daycare
#2 - Is subject to right of refusal section
#3 - Not up to the daycare to try and enforce a separation agreement.
The daycare has stated they will not change billing unless I have a court order or mutually signed amendment to agreement.
Any thoughts are greatly appreciated
My ex and I signed an agreement in March, 2012 where I have agreed to pay 50% of daycare per S.7.
We also agreed to first right of refusal for any period over 6 hours (she doesn't want my common-law to look after them). Right of refusal states
"It is in the children's best interest to spend time with the other parent than with a third party. Accordingly, if either of them cannot care for the children, each party will have the right of first refusal if he/she is not able to personally care for the children for a period of more than 6 hours on the day that they are scheduled to care for the children due to Cantstandheranymore and her being required to work on the day he/she is scheduled to care for the children. Subject to the above, each party may use third party caregivers if the period he/she cannot care for the children is under 6 hours due to work commitments or the other party does not accept the right of refusal. " (abridged)
My scenario is that the children are in every other day kindergarten and full day daycare the other days.
She works mon - fri, I work 4 days on 12 hours and 4 days off 12 hours.
I have the children my 4 days off and do not require before and after school care. I have offered for her to drop kids off at my place (100 metres away from school) before school, and I can pick up (or new spouse pick up) all but one after school.
She has said no to this offer 3 times.
I instructed the daycare that I will only be paying 50% of the full day daycare. It was accepted for one month.
She took our separation agreement to the daycare. They have since stated that they will be billing me 50% per our agreement for "daycare".
My argument is that before/after school care:
#1 - is not daycare
#2 - Is subject to right of refusal section
#3 - Not up to the daycare to try and enforce a separation agreement.
The daycare has stated they will not change billing unless I have a court order or mutually signed amendment to agreement.
Any thoughts are greatly appreciated
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