I have completed what I think is a reasonable settlement offer, thanks to the help of people on this forum. Please take a look and let me know what you think.
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1. Custody:
Joint Custody
2. Access:
Shared 50/50
3. Primary Residence:
57 Portrush Trail
Brampton, ON
4. Medical:
Primary Physician:
Doctor Sadek
Peace Medical Clinic
6 Clairmont Street
Thorold, ON
a. Both parents have the right to book and/or participate in any Medical appointments made for The child.
b. Both parents have the right to speak with and receive information on any medical care provided to The child.
c. In the case that The child requires medical tests, treatments, surgery or other medical procedure Jaclyn and Jeff are to work together to make the decisions jointly. In the case that an agreement cannot be reached, Jaclyn will be responsible for making the final decision.
d. If a change is required to The child’s primary physician, Jaclyn and Jeff are to work together to make decisions jointly. In the case that an agreement cannot be reached, Jaclyn will be responsible for making the final decision.
i. Any changes are to be restricted to a 30 km radius of either parent’s residence.
5. Dental:
Dentist:
TBD by jointly by Jaclyn and Jeff
a. A new dentist is to be selected for the child in the Brampton Area.
b. The location of the new dentist is to be restricted to a 30 km radius of either parent residence.
c. Both parents have the right to book and/or participate in any Dental appointments made for The child.
d. Both parents have the right to speak with and receive information from The child’s dentist regarding any treatments and examination preformed.
e. Jaclyn and Jeff are to work together to make decisions jointly regarding all dental health matters. In the case that an agreement cannot be reached, Jaclyn will be responsible for making the final decision.
f. Any dental costs not covered by group benefits will be shared equally by both parents.
6. Employer Group Benefits:
a. Where possible, The child is to have extended health, vision, drug and dental coverage through any employer group benefits plans available to either Jaclyn or Jeff.
b. Benefit card numbers and information are to be provided to the alternate parent.
c. Where possible, all costs are to be submitted directly to the group benefits plan.
d. Benefits are to be submitted based on insurance guidelines.
7. Education:
School:
James Potter Public School
9775 Creditview Road
Brampton, ON
a. Both parent and their family members have the right to participate in any school activity with The child.
b. Both parents have the right to speak with and receive information from The child’s teachers, school principle, counselors or other school staff members regarding The child.
c. Jaclyn and Jeff are to work together to make decisions jointly with regards to The child’s education and school. In the case that an agreement cannot be reached, Jeff will be responsible for making the final decision.
d. Any change is to be restricted to a 30 km radius of either parent’s residence.
8. Decision Making:
Both parents are to work together to make decisions jointly in all major areas of care.
9. Forum for issue resolution:
If Jaclyn and Jeff are unable to reach consensus on any particular area of care, they are to engage a parenting coordinator who will be responsible for resolving parenting conflicts.
This individual is to be qualified in social work or other related field and will be responsible for:
a. Mediating unresolved issues regarding the child.
b. Making the final decision regarding issues in the child’s best interests.
10. Parenting Coordinator:
King - Watson and Associates
60 Queens Street E, suite 209
Brampton, ON
905-796-2319
All costs associated to parenting coordination are to be shared equally between Jeff and Jaclyn, regardless of the issue.
11. Special days and Holidays:
a. On Family day, Easter, Thanksgiving, The child’s Birthday and March Break, access will alternate yearly between both parents.
b. On Mother’s Day the child will be with Jaclyn from 10:00 am for an overnight visit and on Father’s day the child will be with Jeff from 10:00 am for an overnight visit.
c. Additionally, each parent has the right to have the child on their birthdays, unless otherwise agreed upon.
d. Christmas break is to be shared equally, alternating between even and odd years.
e. On even years, the child is to be with Jeff for the first half of the Christmas Holidays, including Christmas Eve until 6:00 pm. From 6:00 pm Christmas Eve and including the second half of the holidays, the child will be with Jaclyn.
f. On all major holidays, the child will be provided reasonable telephone access to call or receive calls from the alternate parent.
g. For Holidays such as Victoria Day, Canada Day, Civic Holiday and Labor Day, The child’s schedule will not alternated and will be subject to his regular access schedule, unless agreed upon by both parents.
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12. Mobility Restriction:
Until the child reaches twelve years of age, both parents are to keep their respective residences within 30 kilometers of each other, so that The child is not subjected to excessive travel time when moving between households.
13. Child Care:
Child care is to be provided for the child until he has reached a minimum of 10-12 years of age.
a. Current child care arrangements are with PLASP at James Potter Public School.
b. Summer Camp to be determined yearly.
c. Both parents are to work together to arrange for child care, including summer care arrangements.
d. Summer care is to be determined at least 2 weeks in advance of The child’s summer break.
e. If an agreement cannot be reached, Jaclyn and Jeffrey are to seek the assistance a parenting coordinator.
f. All costs for child care arrangement are to be shared equally regardless of The child’s access schedule.
14. Schedule:
a. The child’s schedule is set as alternating on a week about bases with Friday pick-up for School, Daycare or Day-camp.
b. On Tuesday, of each week the child will have an over-night switch day visit for the non-custodial parent.
c. When the child is not in care, The child is to be available for pick-up or dropped off at 4:00 pm on the scheduled switch day or at 4:00 pm on the Friday at the start of the custodial week.
d. Pick-up and drop-off locations and time are to be arranged at a neutral location in the area of the child residences unless otherwise agreed to by both parents.
e. To make changes to the child’s regular access schedule, changes must be agreed to in advance by both parents.
f. The child’s access schedule is to be maintained as a shared Google calendar between both parents.
g. If an agreement cannot be reached, Jaclyn and Jeffrey are to seek the assistance of a parenting coordinator.
15. Financial:
Each parent is responsible for 50% of all costs incurred for child care, extracurricular activities and other expenses regardless of The child’s scheduled access or unless sited otherwise.
16. Daily care:
The custodial parent of any given day is responsible for providing daily care and making decisions regarding the child’s daily needs while he is with them. This includes making decision regarding:
i. health
ii. physical and mental wellbeing
iii. discipline
iv. diet
v. daily routine
Both Jeff and Jaclyn agree to support and respect one other’s decisions regarding The child daily needs while he is with them.
Neither parent is to denigrate the other parent or their family members in the presences of The child.
17. Citizenship:
As the child’s Mother is Canadian and his Father is British and as The child was born in the UK, Jeff and Jaclyn are to obtain dual citizenship on behalf of The child for both these countries.
The initial costs for the child’s application for dual citizenship are to be covered by the Dodgson family.
18. Identification:
a. Each parent is to obtain copied of the child birth certificate, social insurance number and other basic identification for their records.
b. The child’s passport(s) are to be kept up-to-date and the costs for renewal or replacement of lost, stolen, or expired documents will be shared between both parents.
c. The child’s Health Card is to travel freely between both residences for use by either parent for doctor’s visits or in the case of emergency.
d. Upon request The child’s passport(s) are to be made available to the alternate parent within 10 days.
19. Name changes:
The child’s name at birth, the child Akira Dodgson will not be changed by either parent unless agreed to by both parents.
20. Transportation:
The residential parent or caregiver for any given day is responsible for transporting The child to and from school, child care and other activities, unless otherwise agreed upon by both parents.
For all out of town visits, it is the responsibility of the requesting parent (with whom The child is travelling) to provide transportation to and from the visit.
21. Out of town visits:
a. When the child is out of town for longer than 72 hours, it is the responsibility of the requesting parent, with whom The child will be travelling, to inform the alternate parent of their plans.
b. For visits that alter The child’s regular access schedule, both parents must agree to the change.
c. The alternate parent will have the right to reschedule access time.
d. It is the responsibility of the requesting parent to provide transportation to and from the visit.
e. The child is to be available for pick-up or dropped off at 4:00 pm.
f. Pick-up and drop-off locations are to be arranged at a neutral location in the area of The child residences unless otherwise agreed to by both parents.
22. Supporting Family Relationship:
Both parents are responsible for supporting and encouraging The child to have a loving relationship with the alternate parent as well as their immediate and extended families.
The child’s grandparents will be provided the opportunity to visit with The child in their respective residences at least once during the course of the year.
a. Jeff and Jaclyn are to work together to make arrangements regarding travel arrangements and access for these visits.
b. Any costs associated to either transportation or lodging is the responsibility of the parent or family with whom The child is travelling.
c. If an agreement on these arrangements cannot be reached, Jaclyn and Jeff are to engage the assistance of the parenting coordinator.
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23. Telephone Access:
Each parent is to provide The child with reasonable opportunity to make telephone contact with the other parent, if the child expresses a desire for that contact.
24. Vacations:
Both parents are entitled to two weeks’ vacation with The child, which:
a. Can be taken either as a straight two week period or as two separate one week periods
b. To the destination of their choice.
c. All vacations need to be planned in advance unless otherwise agreed upon by both parents.
d. The requesting parent is to provide at least 30 days advance notice to the alternate parent regarding their plans.
e. Complete travel Itinerary, accommodations and other travel information are to be provided no later than 14 days before departure.
d. For international travel, The child’s Passport and other supporting documentation are to be provided at least 14 days prior to departure.
e. Any costs associated to the vacation are the responsibility of the requesting parent, including vaccinations and medical expenses.
f. Requesting parent is to ensure that The child have travel insurance covering the time of the vacation.
g. The alternate parent will have the right to reschedule access time.
25. Day-trips and General Travel:
On any given day, the custodial parent has the right to travel with The child on day-trips or other general travel without the explicate permission of the alternate parent.
a. Travel plans need to be communicated to the alternate parent at least 14 days prior to departure.
b. The child’s Passport and other supporting documentation will be provided upon request.
26. Family Emergency:
In the case of a family emergency, such as illness or death, said parent of the affected family will have access to The child and the right to decide whether The child is to attend any hospital visits and ceremonies.
a. If travel is required, said parent will have the right to travel with The child.
b. In such cases, 30 days advance notice is not required but is subject to other restrictions as detailed above in section 24, regarding vacations.
c. A complete travel itinerary and contact information must be provided before departure.
d. The alternate parent will have the right to reschedule access time upon The child’s return.
e. Any costs associated to either transportation or lodging is the responsibility of the parent or family with whom The child is travelling.
27. Special Family Occasions:
In the case of special family occasions, such as Weddings and other events, said parent of this family will have access to The child and the right to decide whether The child is to participate and attend said events.
a. If travel is required, said parent will have the right to travel with The child.
b. This type of travel is subject to the restrictions detailed above in section 24, regarding vacations.
c. The alternate parent will have the right to reschedule access time upon The child’s return.
28. In case of Illness:
In the case of illness, each parent is responsible for tending to The child and providing care for him when he is sick, based on The child’s access schedule.
The custodial parent of any given day is responsible for:
a. Proving care for The child.
b. Inform the alternate parent of The child’s condition and of any changes.
If The child is unable to attend school or day-care and the custodial parent is unable to care for The child, then the alternate parent is to be given right of first refuse to provide care.
If The child is hospitalized for any reason, the residential parent is responsible for contacting the alternate parent or caregivers as soon as possible.
29. Extra-curricular Activities:
The child is to be enrolled in a minimum of 2 and/or a maximum of 4 extra activates per calendar year, on a six month rotating schedule.
a. If The child is unable to attend for any reason, the residential parent is to communicate this to the alternate parent prior to the scheduled activity
b. Activities are to be selected in accordance to The child’s interests and are to be scheduled based on availability.
c. Both parents are to work together to make decisions regarding extra-curricular activities for The child.
h. If Jeff and Jaclyn are unable to come to an agreement on The child’s participating or scheduling of an activity, Jaclyn and Jeffrey are to seek the assistance of a parenting coordinator.
d. All cost for extra-curricular activities are to be shared equally by both parents.
30. Homework:
Based on his access schedule, both parents are responsible for assisting The child with school work and assignments.
31. Clothing:
Each parent is to maintain a separate wardrobe of clothing for The child.
32. Outerwear:
Both parents are to contribute equally to The child’s coats, snow pants, boots, shoes, hats, mitts and other necessities.
33. Concerns:
a. In the event that The child conveys information that the receiving parent finds concerning, they are to make contact with the other parent in a timely manner.
b. Both parents are to have an opportunity to evaluate the reliability of the information provided by the child and decide how to manage both the child and the concern.
c. If either parent is unsatisfied with the management of the concerns communicated by The child, Jeff and Jaclyn are to engage the assistance of a parenting coordinator.
34. Communication:
a. All communication between Jeff and Jaclyn is to remain child-focused and be done via email, unless in the case of urgency.
b. Jeff and Jaclyn are to work together to ensure that communication is mutually respectful and non-engaging.
c. Both Jeff and Jaclyn are to participate in parenting education session or individual; counseling in order to reduce conflict around The child.
35. Income Tax:
a. On a yearly basis, Jeff and Jaclyn are to work together to determine who is to claim The child for that years income tax claim.
b. Once an agreement has been reached, 50% of the realized value for the credits received on behalf of The child on lines 305 and 367 are to be invested in a high interest savings account or RESP.
c. The child is to be named sole beneficiary for all funds invested.
d. GST/HST, Canadian Child Tax and any other government benefits are to be shared equally, as per the Canadian Revenue Agency Shared Eligibility program.
e. Based on Canadian Revenue Agency guidelines, if Jeff and Jaclyn are unable to come to an agreement on who is to claim the child, then neither parent are eligible to claim him.
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As for specific advice, if my own agreement is any example, you may want to spell out which parent holiday alternation starts with in advance. And the part about Christmas is pretty vague. Do you mean share it one week with one parent, one week with the other? What if that means you are trading access on Christmas Day itself?
Some things you have listed as a range, such as daycare will continue till the child is 10-12 years. That's not really very specific for a legal document, as it gives too much wiggle room to be enforced at all if it came down to it.
You specify equal contribution for winter clothing. What if some time in the future your incomes differ wildly? You may want to make it proportional to income like an extraordinary expense.
Your mandating of extracurricular activities to between 2 and 4 is a little weird to me. What if you want more? Some require more of a time commitment than others. Some only happen seasonally and some may be year round. What if it works out that there's only one underway at a particular time? By your agreement, you'd have to run out and find another one! And then what if it overlapped with one that started back up again? Maybe just give a weekly limit of hours to devote to activities. You may find yourself fighting with the ex over, say, hockey vs piano lessons for the fourth activity when the child wants to do both.
You might not want to specify things like primary address, the specific school, etc in the agreement. Then if you wanted to move or the child reaches High School, for example, you'll have to amend the agreement.
I like your mobility section. Fair, and brief.
As my lawyer explained it to me, a lot of the content of an agreement might seem perfectly reasonable to each of you right now, even if it's in vague terms, but if it ever goes to court for enforcement later in a worst case scenario, only clear, specific dates and numbers are relevant.
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Originally posted by red6419 View PostDo you even have any clue what danger you've put your child in????!!!!!!!!!!
That said, DE-PERSONALIZE THAT POST ASAP!
You can edit posts up to an hour after making them, elsewise get LV or Jeff to do it for you if you miss the 1 hour cut-off.
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I must say, I like his house a lot better than his neighbors. Ugly ass red doors ftl.Google Street View...gotta love it. Someone should edit out the personal crap though for sure.
In regards to the settlement stuff itself, I agree with Rioe...spell out who gets what holidays. IE. on EVEN years Dad gets X, on Odd years Mom gets X.
I would go more with limiting contributing costs in extra curricular. I often state $500/child/year unless agreed to in advance and in writing. Split all such things proportional to income, as "equally" can be argued. If you mean 50-50, SPECIFY it.
Remove any "ranges", ie. 10-12....pick one and go with it, get off the middle of the fence.
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