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Old 04-05-2006, 02:11 AM
logicalvelocity logicalvelocity is offline
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Disposition

70 The parties shall have joint custody of Nathan Webber, exercising their rights and responsibilities as set out in this order and in the best interests of Nathan.

71 Nathan shall be in the care and control of Dr. Cox:

(a) every second week from Thursday after school until the following Monday morning (except if the Monday is a holiday or professional development day in which case Nathan shall be in his care until 7:00 p.m. on the Monday), except as otherwise provided herein. The parties shall fix the alternate weekend dates throughout the calender year such that upon conclusion of extended times provided below, the alternating pattern resumes as if it had not been interrupted;

(b) every Thursday immediately following Nathan's delivery to Ms. Stephen pursuant to para. 71 (a), from after school until 7:00 p.m., except as otherwise provided herein;

(c) every Monday immediately following the weekend Nathan has remained in the care of Ms. Stephen from after school until 7:00 p.m., except as otherwise provided herein;

(d) With respect to paragraph 71(a), Dr. Cox shall pick Nathan up from school on the Thursday and deliver the child to school on the Monday or to his mother if he has spent the day with Dr. Cox as provided for in that paragraph;

(e) for exactly one-half of all summer holidays. In even numbered years, Dr Cox shall provide written notice on or before April 30 in even numbered years as to the dates he wishes to have Nathan. Ms. Stephen shall provide the dates she wishes to have Nathan in odd numbered years. The maximum number of consecutive weeks either party is entitled to have Nathan is three. Provisions and arrangements shall be made for Nathan to call the other parent twice per week on Mondays and Thursdays between 7:30 am and 8:30 am Toronto time regardless of who he is with or where he is. The cost of the calls shall be borne by the parties in whose care the child is;

(f) every Father's Day from 8:30 am until 7:00 p.m.;

(g) for exactly one-half of Nathan's vacation from school at Christmas. Dr. Cox shall have the child from 7:00 p.m. on the Nathan's last day of school until noon on the day falling in the middle of the vacation (including weekends) in the odd numbered years. In the even numbered years, Dr. Cox shall have Nathan from noon on the day falling in the middle of the vacation (including weekends) until 7:00 pm the day before Nathan resumes school;

(h) in even numbered years, from 7:00 p.m. on the last day of school until 7:00 p.m. on the last day of March Break;

(i) In odd numbered years, from 7:00 p.m. on the last day of school before Easter weekend until 7:00 p.m. on the last day of Easter weekend;

(j) in even numbered years, from 7:00 p.m. on the last day of school before Thanksgiving weekend until 7:00 p.m. on the last day of Thanksgiving weekend;


(k) at such other times as the parties may agree;

(l) upon picking Nathan up from school or dropping him off, Dr. Cox shall immediately contact by telephone Ms. Stephen and confirm that he has picked up Nathan or dropped him off at school.

72 Nathan shall otherwise be in the care and control of his mother.

73 In addition to the time when Nathan is not with Dr. Cox, he shall be with his mother every Mother's Day from 8:30 a.m. until 7:00 p.m. regardless of whether he is scheduled to be with Dr. Cox that weekend.

74 Nathan's birthday on January 31 shall be spent with the parent who is scheduled to have care and control of him under the Order.

75 Either party is entitled to remove Nathan from the Province of Ontario for no more than 15 concurrent days per year and no more than twice per year. The removal shall take place during his summer, March or Christmas vacations. Nathan shall not be removed by either party without providing written notice of no less than 30 days setting out the dates of departure and arrival, mode of transportation and a telephone number to contact in case of emergency.

76 Dr. Cox shall have care and control of Nathan's birth certificate (the original) and passport. Should Nathan not yet have his own passport, Dr. Cox shall apply for same within 30 days. Ms. Stephen is ordered to sign the passport application and co-operate with obtaining same. Ms. Stephen shall be provided a copy of the passport including the address and photo pages within 7 days of receipt by Dr. Cox.

77 Ms. Stephen is responsible for all decision-making responsibilities regarding Nathan's education until Nathan is 16 years of age.

78 Dr. Cox is responsible for all decision-making responsibilities regarding Nathan's physical health until Nathan is 16 years of age unless there is an emergency with respect to Nathan while he is in his mother's care, at which time, Ms. Stephen shall contact Dr. Cox immediately and personally advise him as to all details concerning the emergency including but not limited to who is treating the child and where the child is.

79 No decision shall be made by either party with respect to the health and education of Nathan, except in the case of emergency, unless it is on 45 days' notice in writing to the other party.

80 Should counseling be required for Nathan, Ms. Stephen and Dr. Cox shall consult with each other as to the type of counseling required and who should be the counselor. The recommendation of Nathan's family practitioner or education professional as the case may be shall be adhered to by the parties should they be unable to agree.

81 Each party is entitled to select one after-school activity for the child provided that the activity does not fall within the time to be spent by the child with the other parent. Piano lessons, dancing lessons and educational assistance (i.e. tutoring) do not fall within the scope of this restriction. Nathan shall be taken to these latter activities regardless of who has care and control or who has arranged these activities. The parent who has care and control is responsible for ensuring the child's attendance at these activities including competitions and recitals.

82 Both parents are entitled to attend all public events, school activities involving Nathan and any and all competitions and recitals in which Nathan is involved, even when the child is in the care of the other parent.

83 Ms. Stephen shall obtain a "Communication Diary" which shall be a notebook of consecutively numbered pages. At the time of transfer of the child from one parent to another, the diary shall be handed to the other parent. Nathan shall not be allowed to read this diary and no comment shall be made by either party to the child as to its contents. The parties shall ensure that no one else discusses the contents of the diary with the child. Dr. Cox and Ms. Stephen shall provide information to each other in the diary as to Nathan's health, welfare or other matters relevant to the child at the time. No pages shall be removed from the Diary.

84 Any decision required to be made for the benefit of Nathan not dealt with in this Judgment shall be the responsibility of Ms. Stephen. Ms. Stephen shall provide written notice of not less than 45 days to Dr. Cox prior to the making of any decision. Such notice shall contain the need for the decision, the proposed decision and the names, addresses and telephone numbers of anyone else involved.

85 Neither Dr. Cox nor Ms. Stephen shall change their address where the child resides with them without written notice to the other of not less than 45 days.

86 Within 24 hours of the release of this Judgment, both parties shall deliver to the other, the names, addresses and telephone numbers of all persons involved in the health, education and welfare of Nathan. This list shall be updated by the parties on the 30th day of April and October each year.

87 Both parties are entitled to obtain directly from any teacher, school, health practitioner, counselor or other person, hospital, company, institution or agency, any and all information and documentation relating to Nathan. Any and all information and/or documentation obtained shall be forwarded in writing to the other party within 24 hours of receipt.

88 Both parties are entitled to attend medical, health (i.e. counseling) and educational appointments made by either party for the child. On the first day of each month, each of Dr. Cox and Ms. Stephen will provide a written list including the dates, times and locations of all appointments and activities, events, competitions and school activities involving Nathan.

89 All notices and communication between the parties, except for the Communications Diary, as required to be in writing by this Order will be sent to the other party by registered mail.

90 Except as otherwise provided herein, both parties shall make arrangements for the child to speak by telephone to the parent he is not with daily between 7:30 a.m. and 7:45 a.m. save and except if Nathan has to leave for school before 7:45 a.m. in which case the times shall be moved earlier by 15 minutes.


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Last edited by logicalvelocity; 04-05-2006 at 02:15 AM.