Announcement

Collapse
No announcement yet.

Separation Agreement - Quick Custody Question

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Separation Agreement - Quick Custody Question

    STBX and I have been negotiated Child Custody and agree to 50 / 50 and a 2 - 2 - 5 schedule.

    In the separate agreement instead of writing in 50 / 50 I wrote that the parties will generally have between 40 / 60 %.

    Am I wrong to do this??? Should I be stating that custody is 50 / 50, however, will allow for time to fluctuate between 60 / 40 as life and schedules dictate.

    Just don't want anyone to intrepret later that we are not 50 / 50 parents.

  • #2
    Just state 50/50 and nothing else.

    Comment


    • #3
      Ok short and to the point. Thanks Billm!

      Comment


      • #4
        Originally posted by Dee1973 View Post
        STBX and I have been negotiated Child Custody and agree to 50 / 50 and a 2 - 2 - 5 schedule.

        In the separate agreement instead of writing in 50 / 50 I wrote that the parties will generally have between 40 / 60 %.

        Am I wrong to do this??? Should I be stating that custody is 50 / 50, however, will allow for time to fluctuate between 60 / 40 as life and schedules dictate.

        Just don't want anyone to intrepret later that we are not 50 / 50 parents.
        2-2-5 (also called 2-2-5-5) is 50-50 and not a 60-40 schedule so, even if it says that the access schedule defined in the agreement would take president over any other statement of 60-40 etc. If challenged you just have to present the schedule by which the children resided with you that demonstrates a 2-2-5 schedule.

        You should only state it is a 50-50 access schedule based on a 2-2-5 access schedule in accordance with the following table:

        (insert table here showing the exchanges and details for the duration of the 2-2-5 rotation)

        With regards to statements of "custody":

        The mother and father shall have full joint legal custody of the child (or the children). (Should be explicitly stated as "full joint legal custody" some how in the wording.)

        Also, congratulations on reaching a settlement on one of the most difficult parts of the process. Custody and Access!

        Good Luck!
        Tayken

        Comment


        • #5
          Thank you Tayken - will incorporate as you have recommended. And yes very happy about getting some agreement on custody and access - hopefully she doesn't reneg when it comes time to sign!!! Fingers crossed - again I think the advice from the posters on the forum was instrumental in getting me here. I cannot thank the folks such as yourself enough for getting me here in such rapid succession!

          Comment


          • #6
            Originally posted by Dee1973 View Post
            Thank you Tayken - will incorporate as you have recommended. And yes very happy about getting some agreement on custody and access - hopefully she doesn't reneg when it comes time to sign!!! Fingers crossed - again I think the advice from the posters on the forum was instrumental in getting me here. I cannot thank the folks such as yourself enough for getting me here in such rapid succession!
            Please do share with your solicitor (lawyer) the links to your postings and responses for their records from this site. It is always wonderful to hear that parents are able to come to a negotiated settlement rather than having to involve the courts.

            Comment

            Our Divorce Forums
            Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
            Working...
            X