How does training for employment affect custody and access?

[Hide on Bush]

So I have full decision-making responsibility, and ex gets child EOW and has been like that essentially since birth.

I am finishing up school and looking to apply to a position which requires about 10 weeks of training in Alberta, then 5 weeks in Vancouver before returning home.

Obviously my ex has the first right to watch the child during that time, but can those 15 weeks total be used against me for a claim to seek split decision-making and split parenting-time despite a high conflict relationship and against an OCL assessment recommendation?

Is there any case law that allows a new spouse that right to watch the child? I mean based on actual time with my kid, my spouse has had more than my ex.

[Hide on Bush]

Not at lawyer but I believe access is based on a yearly rate ie if your ex had majority access for the year they would have a good fight. I could be absolutely wrong so please don’t take what I said as concrete.

Hopefully Tayken or OrleansLaywer can shed their opinion on this because I’d be interested in knowing the answer also.

[pinkHouses]

Sounds a lot like you want to deny the other parent even if it is good for the kids.

[Hide on Bush]

Sounds a lot like you want to deny the other parent even if it is good for the kids.

I mean based on what the OP said, if OCL said probably not a good idea, is it really denying if it’s good for the kids?

I think that would be hard to because you should be showing that your following OCLs recommendations but also trying to maximize contact with the other parent. I feel like the hard part here based on what I’m gathering from the OP is their fear that the ex will use the training against them. So even if OP offers the entire training time to the ex, is the ex now gonna use that as a means to seek more parenting-time in general or even decision-making?

I could be wrong though

[rockscan]

I would ask myself this: what would I do if I didn’t have my husband to take care of the kids. Then go from there.

But in your case you have an open action with the court where your ex is battling you. Do you have the option of postponing training? Do they provide child care for you there? Would you use your parents?

You are the poster with the ex who lives with his mother and has no bed for the child correct? And lives a distance from kids school? You could make the argument that staying with your current spouse keeps him in his place of residence and own bed and able to go to school.

I guess the question is can you modify your schedule and is it worth the fight?

@pinkhouses, tone down the attacks about keeping a child from their parent. It isn’t always as black and white as you think.

[Hide on Bush]

You are the poster with the ex who lives with his mother and has no bed for the child correct? And lives a distance from kids school? You could make the argument that staying with your current spouse keeps him in his place of residence and own bed and able to go to school.

Yeah that's me.

My plan of action is to show my ex that it is in the best interest of the child to remain with my spouse during that time. Child is living in a stable environment that has been consistent in his life for our 5 years of marriage. A routine is in place, as well as a parenting-plan with a substantial support system which doesn't include anyone on the ex's side of the family (by their own decision). My spouse provides the health and dental benefits, as well organizes with me medical, dental, extra-curricular activities, and counseling sessions. My ex doesn't know who the child's doctors are (medical, family, and/or dental) by his own free will. I have offered to provide the information and was basically told to go away. My ex doesn't know his teachers, nor does he participate in any school work/activities.

[pinkHouses]

OP: Your assumption on Right of First Refusal seems a bit off as it is not a thing in agreements anymore and causes a lot of trouble.

My ex doesn't know who the child's doctors are (medical, family, and/or dental) by his own free will. I have offered to provide the information and was basically told to go away. My ex doesn't know his teachers, nor does he participate in any school work/activities.

From what I understand this is not uncommon behavior from a parent that has been labelled as no longer important. They reject because they are rejected; could be for other reasons.
Are you able to contact the OCL and ask their opinion on your current partner looking after your child?

[rockscan]

Sounds a lot like you want to deny the other parent even if it is good for the kids.

This sounds a lot like it was directed at OP.


Sent from my iPhone using Tapatalk

[OrleansLawyer]

Obviously my ex has the first right to watch the child during that time, but can those 15 weeks total be used against me for a claim to seek split decision-making and split parenting-time despite a high conflict relationship and against an OCL assessment recommendation?

This is a loaded question.

The short answer is: it depends. How old are your kids? What are their preferences? Are they likely to change after 3-4 months of living with the other parent? Is there active litigation?

Not at lawyer but I believe access is based on a yearly rate

This is correct.

My plan of action is to show my ex that it is in the best interest of the child to remain with my spouse during that time.

Does your ex have a history of agreeing to reasonable things?