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  • Consent vs Both Parties agree to

    I have included the following clause in my offer to settlement "if both parties agree in writing, the applicant can take upto 2 weeks vacation without the child and the respondent is responsible for childcare"

    In their OTS they have included the following "If both parties consent , the applicant can take upto 2 weeks vacation without the child and the respondent is responsible for childcare"

    Is there a difference between the 2 and what could be the repercussions to agreeing to "consent" as opposed to "both parties agree in writing" ?

  • #2
    I donít know why you are even considering this clause. If it is her time she should be worrying about it. You could counter with a right of first refusal. As in should either party take vacation on their scheduled parenting time the other parent will be offered that time first. If either parent refuses that parenting time, the parent taking the vacation is responsible for their own child care.

    I have never heard of any divorced parent taking vacation without their kids and just dumping them. I know it happens but what parent says im taking off here is the kid. Does she not have parents? Siblings?

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    • #3
      Originally posted by guydeluxe2018 View Post
      ...Is there a difference between the 2 and what could be the repercussions to agreeing to "consent" as opposed to "both parties agree in writing" ?
      I think you're fine with the "on consent" wording. Seems simpler. In writing seems too particular, but obviously you should document such agreements in writing even if it's just email.

      "Hey other parent, I agree with your proposed dates, and also agree that I have child care covered during this period"

      I wouldn't cover full childcare costs so the other parent can take a vacation on their own, but to each their own.

      FYI, this poster already asked about some of this in prior thread. I would definitely include a window of time that you both have to consent by, so you have lots of notice or time if you plan on covering child care.

      Prior thread:

      https://www.ottawadivorce.com/forum/...ad.php?t=23119

      Comment


      • #4
        Vacation For Parents: "...notwithstanding the regular access/residency schedule the child will reside with the father/mother from the seven days staring the first Saturday in February at 9 am until the following Saturday at 9 am.... " etc. Flip it every year. Two weeks if you like. Same for the other parent.

        "... should either party seek to make any changes to they will submit their request in writing not less than 60 days in advance and the other party will reply within 7 days of said notice consent not to be unreasonably withheld"

        Personally, I would prefer a pre-determind annual vacation agreement if it differs from regular residency and it would go both ways. Same for special occasions. We alternate years so avoid any misunderstandings or the mid-Christmas Day change of household. Then everyone including he kids know what is happening and you are free to travel over Christmas, Easter, Thanksgiving, March Break without any discussion. It works well for us. Kids like it.
        Last edited by Abba435; 05-14-2020, 06:55 AM.

        Comment


        • #5
          Originally posted by Abba435 View Post
          Vacation For Parents: "...notwithstanding the regular access/residency schedule the child will reside with the father/mother from the seven days staring the first Saturday in February at 9 am until the following Saturday at 9 am.... " etc. Flip it every year. Two weeks if you like. Same for the other parent.

          "... should either party seek to make any changes to they will submit their request in writing not less than 60 days in advance and the other party will reply within 7 days of said notice consent not to be unreasonably withheld"

          Personally, I would prefer a pre-determind annual vacation agreement if it differs from regular residency and it would go both ways. Same for special occasions. We alternate years so avoid any misunderstandings or the mid-Christmas Day change of household. Then everyone including he kids know what is happening and you are free to travel over Christmas, Easter, Thanksgiving, March Break without any discussion. It works well for us. Kids like it.
          I don't do this but if it had to be then this is the way I see i being least problematic. The devil is in the details especially if conflict already is in play.

          Comment

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