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  • Custody Order by consent, or so I thought.

    Hey all.

    Supposed to file a consent order back in Apeil regarding shared custody, as I've had 45%+ since last summer.
    All I asked was that we co tinue what we're doing, plus a mobility clause.
    BM couldn't make it that day, so I filed anyways and gave the proper papers, etc.

    Now, we're due back on June 12, and she's refusing to speak about the matter, saying we can talk at the conference.
    Sigh... I think she may be contesting the order, for reasons unknown.
    I pay full CS, and daycare share.
    No arrears.

    Just wondering if y'all have any tips.

  • #2
    Ok, BM means "Bio-Mother" - are you both representing yourselves? Do you think she has an issue w/the mobility clause you are proposing? Do you go through the FRO?

    Comment


    • #3
      In Alberta, so it's MEP.
      And no, we are civil enough to deal with each other.
      The Mobility clause is the only thing that I think is causing this issue.

      Comment


      • #4
        Originally posted by Motorizer View Post
        Hey all.

        Supposed to file a consent order back in Apeil regarding shared custody, as I've had 45%+ since last summer.
        All I asked was that we co tinue what we're doing, plus a mobility clause.
        BM couldn't make it that day, so I filed anyways and gave the proper papers, etc.

        Now, we're due back on June 12, and she's refusing to speak about the matter, saying we can talk at the conference.
        Sigh... I think she may be contesting the order, for reasons unknown.
        I pay full CS, and daycare share.
        No arrears.

        Just wondering if y'all have any tips.
        Order made on consent with both parties signatures filed or not is still legally binding. Hopefully it is marked FINAL.

        Good Luck!
        Tayken

        Comment


        • #5
          Update:

          Okay, went to the meeting and she gave her reply(not filed with the court, btw).
          While BM wishes to continue the access schedule of 2-2-3(shared custody), she disagrees with the mobility clause and also wishes to limit my role in such guardian responsibilities such as place of residence, school, etc.

          BM also disagreed with a clause that said "neither parent shall schedule activities on the others time without prior consent". As she wishes to enroll our son in activities, she wishes to dispense with my say so, financial or not.

          Also, the reply was basically 3 pages of why I'm a horrible person, a control(?) freak, etc. Does she not have to file said reply?

          I offered a mediation session, which is scheduled for two weeks from today.
          No high hopes there.

          I stayed child focused, and politely declined to talk about these issues until mediation... She runs on emotion, not logic or reason.
          Very hard to get a word in edgewise.

          Last but not least, she has mentioned recalculating child support, which I am fine with.... But shouldn't shared custody rules apply?

          Hoo boy.... It was supposed to be a consent order, but the tide has turned.
          Any advice, people?

          Comment


          • #6
            keep doing what you are doing. If she refuses your reasonable requests, then tell her that you will be reducing CS to the offset amount, and provide her evidence of the amount of time you have had for the past year.

            That should get her moving.

            Comment

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