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Old 08-01-2020, 02:45 PM
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Originally Posted by Elomelo8387 View Post
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?
Extremely unlikely

I have a diagnosed medical condition that my doctor has stated not to drive for extended periods of time.
What on earth does "extended" mean? Do you have medical documentation that explicitly states the maximum allowable number of driving minutes?

Assuming you have that documentation, then obviously you cannot be forced to drive more than those allowable minutes. If you don't have the documentation you can say whatever you want, but nobody will believe you.

Also father is now citing health issues that hamper his ability to drive the distances but he does not have medical proof yet.
If you guys start bringing medical experts to court this is going to become a very expensive trial. Might be worth compromising here.

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)
High access costs are indeed a thing that can reduce CS. I'm surprised he is not maximizing his time with the child, he needs a better lawyer . Generally, I would say that a judge would like to see actual costs, not hypothetical costs. I anticipate he will use his parenting time more frequently as he gets closer to trial. It might be reasonable to expect a small reduction in CS, assuming he uses his parenting time. If he doesn't use it of course then he gets nothing.

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
What is reasonable? Who decides reasonable?

If I was his lawyer, I would assume that "reasonable access" was code for "no access at all".

This is also a recipe for fighting. Tuesday he says he can come up for the weekend. You made plans to have a play date and some mommy to mommy bonding time with a friend. Does he get that access? Somebody is going to be unhappy.

Defined parenting times are always better than undefined "reasonable access" nonsense.

half the stat holidays
which half?

alternating Christmas
christmas day? christmas break? Dude lives 500km away.

half the summer.
which half?

on his holidays Ill meet half way for exchanges.
How will you get there?

Your offer needs to be more fully fleshed out.
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