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  • New Parenting Schedule

    Hi everyone,
    Long story short, we had status quo shared parenting until September 2014 where ex signed a consent order with me having primary and her having 2 days a week.


    So we finally went to court yesterday as she wanted to change it again. Judge gave this,
    4 week schedule
    week 1, 2, 4 - Mom gets Wednesday after school 5:30PM to 8:30 AM Thursday school
    Mom gets Friday afterschool 5:30PM to Sunday Noon
    Week 3 - Mom gets wednesday after school 5:30PM to 8:30 AM Thursday school
    Mom Sunday Noon to Monday morning school 8:30 AM

    Judge said he will adjourn final decision until September for 6 months. No child support is to be paid. I pay for my parent portion of daycare.

    Am I assuming that this is essentially shared parenting? Is he going to change it again in September to week on / week off?

    The split if we don't account for time while he is school is 46% mom/ 54 % dad.

    Does it sound like I got screwed considering she gets basically all the weekends?

    Is that how it is done now? We don't count time while he is in school? Kid is 4.

  • #2
    I am a little confused. I don't see how this is shared parenting. It looks like you are primary residence to me?

    Comment


    • #3
      True, I guess my question is how do we account for daycare time....if he's in daycare is it counted as my time? If that is the case, then yes, I have primary.

      Or do judges ever say daycare is neither time. It's only when you are in physical care of the child that he counts the hours difference?

      I make 3 times as much as she does so if it was shared, I would be paying her but he said no child support is to be issued.

      And he didn't mention who has primary or if it's shared. That's why it's so confusing.

      Comment


      • #4
        You don't count for daycare time. Only overnights are counted. She has 3 overnights for 3 weeks, and 2 overnights for 1 week, which averages to 11/4=2.75, or 39%.

        Comment


        • #5
          Originally posted by dinkyface View Post
          You don't count for daycare time. Only overnights are counted. She has 3 overnights for 3 weeks, and 2 overnights for 1 week, which averages to 11/4=2.75, or 39%.
          Okay, in Alberta I was told judges are using hiours , was told by my previous lawyer it's hours too hours but if this is the case he's counting nights, then effectively we have shared parenting as I assume 39% is close enough to 40%?

          Or was it intentional that he didn't do 50 50 as that was what she wanted equal parenting time. My position was that I am fine with more time but she has stability issues which he agreed with

          Comment


          • #6
            From what I've read it depends on the judge. Some use nights, some use hours. I've never seen a judge not count school or daycare though and I would argue if they did - someone is responsible for the child while they are in daycare. Who would be the one to pick them up if they were sick? IMO shared should be calculated based on who is responsible, not how much time they have contact with the child.

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            • #7
              39% will not count as shared but it will depend on how the time is evaluated. Also who is taking primary responsibility of costs, and care, hair cuts, clothes, appointments, ect.

              Comment


              • #8
                From Canlii:
                "One of the characteristics of the Child Support Guidelines in Ontario is that if the parenting time slips below 40%, it triggers a prima facie obligation to pay table amount child support. The 40% rule is inflexible. "

                I would bet the same applies in AB.

                Comment


                • #9
                  I believe that is just one judge's B.S.

                  A different judge will use their own discretion.

                  Note that evenly sharing the 2 xmas and 9-10 summer weeks will put that number above 40%.

                  Comment


                  • #10
                    Valid point.

                    Reading this, for Alberta at least it is calculated on hours.

                    Canlii

                    HappyMomma, you are right, this judge considers who has phsyical custody AND responsbility of child aka when he is in school or daycare.

                    Yeah. I am just confused on what he wants to happen in September. He was concerned about my ex's ability to keep a job, as well as he wrote on the order that if she fights with her daughters, she cannot do it in front of our son. *child services involved*

                    My concern is the judge setting this up for week on week off come September. I have no problem giving up most of my weekends as long as I have him on the weekdays. I am the parent that is all about routine, structure and homework. Her other daughter has already dropped out of high school.

                    We already have issues with her taking him to Montesorri pre-school. Hence the judge put the order about putting up and from school.

                    And sure enough today, she emails me. Son is sick, you can pick him up from home....yeah he's actually perfectly fine and i'm taking him to school tomorrow. It's sad, the issue here is that the school is already telling us that he is behind because he only comes 2-3 days a week.

                    Anyways, if she keeps on not taking him, i'm taking her back to court and have a judge give her his 2 cents.





                    Originally posted by dinkyface View Post
                    I believe that is just one judge's B.S.

                    A different judge will use their own discretion.

                    Note that evenly sharing the 2 xmas and 9-10 summer weeks will put that number above 40%.

                    Comment


                    • #11
                      Originally posted by dinkyface View Post
                      I believe that is just one judge's B.S.

                      A different judge will use their own discretion.

                      Note that evenly sharing the 2 xmas and 9-10 summer weeks will put that number above 40%.
                      That would assume they calculate yearly which doesn't seem to be the case. Most of the cases I've read calculate per month ie: Mom paid for some months, dad others based on who had the children 40% of the time for the month.

                      Not to say there probably aren't agreements out there where 40% for the year is used, however, there are plenty of examples where one parent took the other to court and receieved compensation for the months they had the children extra time.

                      Comment


                      • #12
                        Well, after getting the court order in my hands, it looks like how the judge managed the wording was that she gets those days times et etc. etc.
                        The rest "Me will have the balance of the parenting time with the child". And the pre-existing order remains in full force and effect in addition to the above changes.

                        Thanks everyone!!!! This forum rocks

                        Comment

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