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  • Dro

    My final order was issued in Nov 2016.

    1. It states that the non custodial parent is only responsible to travel once every other weekend to attend extra-curricular.

    2. Under Section 7 it states that I shall contribute $95 per month for dance or gymnastics or similar activity.

    At the time of the order my daughter was enrolled in gynamistics which fell under the court order. Two years ago she decided to enroll my daughter in competitive cheerleading without my constent. It exceeds the gapped $95 amount and is outside of my traveling once per weekend that stated in the order.

    Jan 2019 I received claims from opposing counsel for support/s7 arrears and consent to travel more then once per weekend.

    Support I agree with however s7 I'm in disagreement with since its outside the capped amount of $95, I never consented and believe competitive cheer doesnt fall under s7?

    In the meantime I've consented to travel more then once per weekend which outside of the order and I've only contributed $5000 towards support arrears. However my ex continues to follow the order which suspends my access if I have to work afternoons.

    Oct 7th 2019 My lawyer sent proposal to address support/s7 arrears and request for additional access. I still haven't received response.

    I dont have lawyer now and I just found out my ex doesn't have her old lawyer after I tried to setup DRO.

    I'm unrespresented and want to setup DRO. How do I move this case foward in the most efficient manner?

  • #2
    Why not just:

    1) Not pay
    2) Not bring the kid on your time

    And let her start a court case if she is so inclined?

    Comment


    • #3
      Honestly that's exactly why this case has come to halt. Mtc was initiated by her until I consented to travel more then once over the course of weekend.


      She is currently following the court which suspends my access when I work afternoons

      Vs

      Consenting to take my children to more then one activity on my access weekend which is against the final order.

      I was thinking about that approach not sure how that would go over with judge if this case goes to court. Dont want to give her any advantage..

      Is competitive cheerleading a section 7 or extraordinarily expense?

      Comment


      • #4
        Competitive cheerleading is probably not S7 unless she is on Team Canada and going to the Olympics.

        Comment


        • #5
          Originally posted by Tayken View Post
          Competitive cheerleading is probably not S7 unless she is on Team Canada and going to the Olympics.
          At the time of my final order my daughter was enrolled in gynamistics which fell under section 7.

          My order stares " dance or gymnastics or a similar activity at the rate of $95 per month until it goes up"

          Currently my daughter has been enrolled in competitive cheerleading without my consent which well exceeds the capped $95 amount around 4k per year.

          1. I havent agreed to pay the exceeded amount.

          2. Unfortunately I consented to take her mandatory practices 6months
          despite the court states I shall not travel more then once over the course of weekend to attend extracurricular activities. Can I claim my position is unsustainable and resort back to the order until judge decides on the outstanding matters of additional acess?

          Comment


          • #6
            Originally posted by Janus View Post
            Why not just:

            1) Not pay
            2) Not bring the kid on your time

            And let her start a court case if she is so inclined?
            Not bad idea to get the case going. 3 months since my proposal was received to address support/s7 arrears and additional access. Still nothing...

            Comment


            • #7
              Originally posted by Tayken View Post
              Competitive cheerleading is probably not S7 unless she is on Team Canada and going to the Olympics.
              To paraphrase your comment on a different thread...

              ...Competitive cheerleading should not be S7, but let's be honest, a judge would probably make it S7 anyway. That stuff ain't cheap.

              Comment


              • #8
                Originally posted by Janus View Post
                To paraphrase your comment on a different thread...

                ...Competitive cheerleading should not be S7, but let's be honest, a judge would probably make it S7 anyway. That stuff ain't cheap.
                What thread was that I said that?

                Comment


                • #9
                  Originally posted by Janus View Post
                  To paraphrase your comment on a different thread...

                  ...Competitive cheerleading should not be S7, but let's be honest, a judge would probably make it S7 anyway. That stuff ain't cheap.

                  So in other words weather she decides to get my consent on any extra-curricular activities is unfortunately irrelevant. I should bent over and take it in the ass and just give her my credit card to save any hassle?

                  Comment


                  • #10
                    Originally posted by Tayken View Post
                    What thread was that I said that?
                    I think it was you. It was something about child support. Somebody had said that something was the way it is, but you clarified that the something was the way it should be, implying that it was not necessarily so.

                    Hopefully, by my incredibly precise description, your memory should be jogged.

                    Comment


                    • #11
                      Originally posted by MjD View Post
                      So in other words weather she decides to get my consent on any extra-curricular activities is unfortunately irrelevant.
                      At the end of the day, the standard in family court is "what is best for the children". Fairness to you is very much a second tier consideration. Can you show that cheerleading is bad for her? If not, prepare to pay.

                      I should bent over and take it in the ass and just give her my credit card to save any hassle?
                      My recommendation was to just not pay it. There is a reasonable chance you won't have to pay past fees. Unfortunately, the fact that you previously consented is going to count against you, good deeds rarely go unpunished in family law.

                      However, judge will probably say "ask him in the future, but his consent should not be unreasonably withheld" which is code for you're gonna pay.

                      That said, competitive stuff is good for kids. It sucks that the mom didn't ask you, but overall it will likely improve her life.

                      Comment


                      • #12
                        Originally posted by Janus View Post
                        At the end of the day, the standard in family court is "what is best for the children". Fairness to you is very much a second tier consideration. Can you show that cheerleading is bad for her? If not, prepare to pay.



                        My recommendation was to just not pay it. There is a reasonable chance you won't have to pay past fees. Unfortunately, the fact that you previously consented is going to count against you, good deeds rarely go unpunished in family law.



                        However, judge will probably say "ask him in the future, but his consent should not be unreasonably withheld" which is code for you're gonna pay.

                        That said, competitive stuff is good for kids. It sucks that the mom didn't ask you, but overall it will likely improve her life.

                        My argument is I don't have any issues taking my children to any extra-curricular. however

                        1. Driving 1 hr each way over the course of a weekend is eroding my quality time with the children. I'm requesting extra access time.

                        2. It goes against the whats stated in the court order that I'm only required to travel once over the course of weekend to attend extra-curricular activities.

                        3. Ex follows the court order which suspends my access when I work afternoons vs myself giving consent despite whats written in the court to take my children to more then one activity on my access weekend. What judge on the planet would think this is fair?


                        I never consented to enroll my daughter in cheerleading. I only consented to take her to cheerleading despite following the court order to not travel more then one time for extra-curricular activities.

                        Comment


                        • #13
                          Originally posted by MjD View Post

                          My order stares " dance or gymnastics or a similar activity at the rate of $95 per month until it goes up"
                          Ummmm.... sorry to burst your bubble on this one but cheerleading is about as close to dance and gymnastics as you can possibly get. Actually, it’s basically a direct combination of the both. That definitely falls under “similar activity”. The ex doesn’t need your consent.

                          Couple that with the fact you’ve been paying and driving voluntarily for 6 months now, I’d say your stuck with it.

                          Also, a thought. Considering your child is old enough to be in competitive cheer, she is probably old enough to be forming her own thoughts and has lots of friends in this. Saying to her that you just “aren’t taking her” to her practices on your weekends is probably going to backfire tremendously, especially down the road when she is old enough to voice her opinion on where she wants to go on the weekends (if she isn’t already at that age)

                          Comment


                          • #14
                            Originally posted by Selfrepmom View Post
                            Ummmm.... sorry to burst your bubble on this one but cheerleading is about as close to dance and gymnastics as you can possibly get. Actually, it’s basically a direct combination of the both. That definitely falls under “similar activity”. The ex doesn’t need your consent.

                            Couple that with the fact you’ve been paying and driving voluntarily for 6 months now, I’d say your stuck with it.

                            Also, a thought. Considering your child is old enough to be in competitive cheer, she is probably old enough to be forming her own thoughts and has lots of friends in this. Saying to her that you just “aren’t taking her” to her practices on your weekends is probably going to backfire tremendously, especially down the road when she is old enough to voice her opinion on where she wants to go on the weekends (if she isn’t already at that age)
                            Yes! your probably right however contributing my proposal share which was $95 per month which equates to $1140 vs between $3500 - $4000 per year. I'm on the hook to pay the difference? I'm not ATM machine...

                            Yes! driving 4 times over the course of weekend every other weekend is not quality time which eroding with my already limited access. I don't mind this but I'm requesting additional time furthermore every time I work afternoons my access is suspended with no makeup time. 151 hrs to date of loss access time. I'm sure a Judge is going to side with mum on this topic?

                            Comment


                            • #15
                              Originally posted by MjD View Post
                              Yes! your probably right however contributing my proposal share which was $95 per month which equates to $1140 vs between $3500 - $4000 per year. I'm on the hook to pay the difference? I'm not ATM machine...



                              Yes! driving 4 times over the course of weekend every other weekend is not quality time which eroding with my already limited access. I don't mind this but I'm requesting additional time furthermore every time I work afternoons my access is suspended with no makeup time. 151 hrs to date of loss access time. I'm sure a Judge is going to side with mum on this topic?


                              A couple of hours stuck in a car with dad actually IS quality time. With a teen you are competing with phones, friends, video games, bedrooms and sleep. In the car you have them all to yourself and you can talk, listen to music and play games. You have her right there beside you for a period of time you may not have a home.

                              Comment

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