Hi,
I am new here. I have a question about how custody percentage is calculated, but I guess I'll start with a brief summary of where I'm at:
Common-law relationship with two children, now 5 and 8. We split up almost 4 years ago, and by mutual agreement settled on a custody arrangement that was 50/50. We currently live a few blocks from each other, and the kids go to a school downtown. (Oh, I'm in Montreal. I know this is a Ottawa/Ontario forum, but I'm getting to that...)
For the past 2 years I have been living with my boyfriend. In short, the place is too small -- the kids share a small room, and there's no room for us to have our own child. The space issue, as well as a whole bunch of other factors got us to thinking about moving. We bought a house just barely over the border and into Ontario.
My ex has become nasty about it because it will require us to change our custody schedule, which he doesn't want. He claims that it will scar them to change schools, and that he "can't live" without seeing them for more than 5 days in a row... However, he openly admitted that he would prefer they travel 3 hours a day to get in to school, despite it being stressful for them, just to make the move as difficult as possible for me, he is willing to have them change schools to be closer to his office, and recently suggested we adopt a 2 week/2 week schedule. We have been in mediation, and finally after 4 sessions of him refusing "to let me move", threatening to prevent me from leaving the province, and making all kinds of ridiculous proposals and statements, he has come around to suggesting (although I have held it was an option all along) that he keep the kids during the week, and I get them on the weekends.
Aside from the issues I have with his ability to stay on top of the kids' school work, the daycare bills, and so on, I am concerned that this arrangement will put me below 40% custody.
So, to the question:
Can someone give me an idea of how exactly custody percentages are calculated? I think that since the week days he is really only with them from 6pm to 8am, that the time ought not count for a full 24 hours, whereas weekends should. What is your experience of this? As it is, I am reluctant to agree to him having them during the week because of his total lack of organization, but if I also end up with less than 40% time with them and having to pay him more $$ well, lets just say it would be enough to convince me to go to court and take my chances rather than agree in the mediation.
Any thoughts, opinions, experience and support would be welcome.
I am new here. I have a question about how custody percentage is calculated, but I guess I'll start with a brief summary of where I'm at:
Common-law relationship with two children, now 5 and 8. We split up almost 4 years ago, and by mutual agreement settled on a custody arrangement that was 50/50. We currently live a few blocks from each other, and the kids go to a school downtown. (Oh, I'm in Montreal. I know this is a Ottawa/Ontario forum, but I'm getting to that...)
For the past 2 years I have been living with my boyfriend. In short, the place is too small -- the kids share a small room, and there's no room for us to have our own child. The space issue, as well as a whole bunch of other factors got us to thinking about moving. We bought a house just barely over the border and into Ontario.
My ex has become nasty about it because it will require us to change our custody schedule, which he doesn't want. He claims that it will scar them to change schools, and that he "can't live" without seeing them for more than 5 days in a row... However, he openly admitted that he would prefer they travel 3 hours a day to get in to school, despite it being stressful for them, just to make the move as difficult as possible for me, he is willing to have them change schools to be closer to his office, and recently suggested we adopt a 2 week/2 week schedule. We have been in mediation, and finally after 4 sessions of him refusing "to let me move", threatening to prevent me from leaving the province, and making all kinds of ridiculous proposals and statements, he has come around to suggesting (although I have held it was an option all along) that he keep the kids during the week, and I get them on the weekends.
Aside from the issues I have with his ability to stay on top of the kids' school work, the daycare bills, and so on, I am concerned that this arrangement will put me below 40% custody.
So, to the question:
Can someone give me an idea of how exactly custody percentages are calculated? I think that since the week days he is really only with them from 6pm to 8am, that the time ought not count for a full 24 hours, whereas weekends should. What is your experience of this? As it is, I am reluctant to agree to him having them during the week because of his total lack of organization, but if I also end up with less than 40% time with them and having to pay him more $$ well, lets just say it would be enough to convince me to go to court and take my chances rather than agree in the mediation.
Any thoughts, opinions, experience and support would be welcome.
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