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Old 08-01-2020, 03:22 AM
Elomelo8387 Elomelo8387 is offline
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Join Date: Jul 2020
Location: Thunder Bay
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Smile Medical issue and holiday time and cancellation of driving

Good morning gents and ladies,
Looking for some opinions and preferably references to caselaw if applicable
My ex and I live about 5 hours apart and have been separated for over a year. He isnt being very amicable to the divorce and this will end up in front of a judge because he isnt opening to compromise. We share a child who is living with me and dad is able to see him whenever hes free. Prior to Covid he had most holidays and coming biweekly to see son. After Covid hits hes been coming maybe once every 6 weeks and that too I have been forgoing my holiday time to accommodate him. Now here is my questions:

1) father has been coming to see child in my city and for extended holidays we meet half way for exchanges. This has been the norm for our separation period. Now father wants me to do all pick up and drop offs on his time to his city. How likely will a judge grant that in your opinion? I have a diagnosed medical condition that my doctor has stated not to drive for extended periods of time. Will a letter hold up in court and let me keep the status quo? Child will be three in September so still relatively young. Also father is now citing health issues that hamper his ability to drive the distances but he does not have medical proof yet.

2) father is now after one year threading a motion for undue hardship based on high access costs despite not coming frequently, not really having any hard proof and making over 120K a year. Is this likely to pass ( I make 60K)

3) I am hoping to draft a settlement offer and am thinking of the following terms
- father will get reasonable access as long as I get 72 hours notice, half the stat holidays, alternating Christmas, all March break and half the summer. He will continue to see child in my city but on his holidays Ill meet half way for exchanges. Child support would be guidelines but I would be open to 50-50 for section 7 expenses. I will reimburse his gas expenses up to once a month. Does that seem reasonable? If not how can I improve it or what would be fair.

Regards- Eloelo
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