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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 03-03-2018, 08:06 PM
youngdad91 youngdad91 is offline
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Default summer settled 50/50. what exactly is "in between" 5-5-2-2 and EOW?

It's been a long battle. Went from no summer access after seperation, to one week each month, to now 50/50 right down the middle - on a final basis. this is more than the one week each month of summer that the OCL has recommended.

=we each get to pick which half of each month we want. I get to pick for August in even years, and she picks for August in odd years. I pick for July in odd, and mom for July in even years. Only drawback, of course, is If I pick first half of July and mom picks first half of august, then I don't see child for a whole month from mid July to Mid August. I guess my only option is to let mom know I would only take first half of July if she takes first half of August to ensure there is such 30 day gap. Or just take second half of July every year.

Judge basically said we should settle in between of what I am proposing (shared 5-5-2-2) and what mom is proposing (EOW). OCL has also recommended EOW. What exactly does in the middle of 5-5-2-2 and EOW mean ? Can the judge change her mind at the next adjourned speak to date ? We agreed to do exchanges at the school in the interim, which would give me alternate Sunday overnights and every Wednesday overnight. Ultimately, this is the access mom is proposing and OCL has recommended. We put a clause in there that further holiday access, regular access must be agreed by us as these matters are not settled.

Have I screwed myself by agreeing to this interim order ? judge said Trial won't happen for at least another 9 months - and I would have been basically be stuck with what I had- which was Wednesay 4PM - 8 PM and alternate weekend Friday 4PM to Sunday 8PM, if I didn't agree to this interim order - unless I brought a motion of course. We tried to get mom to agree to Tuesday to Thursday access on weeks that I don't have the child on the weekend, but mom wouldn't agree.

We also agreed to re-integration counselling for al l of the alienation stuff. Judge said Joint custody may come from re integration counselling, and fully understands my position on expanded access. She used mom's history of unilaterally changing and denying my access, and some of the alienation stuff, to justify expanded access - somewhere in between 5-5-2-2 and EOW.

So - what is in between 5-5-2-2 and EOW, and what are your thoughts on all this ? Is the interim without prejudice order, really without prejudice ? Have I made it more difficult for myself to get more than the EOW and one Wednesday visit that is agreed to in an interim basis and that the OCL has recommended ?
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Old 03-03-2018, 11:00 PM
denbigh denbigh is offline
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half way between 5-5-2-2 and EOW is 7/14 nights vs 2/14 nights, so that is a difference of 5 nights, half of which is 2.5. So half way between would be 4.5 nights/14.

So currently you have kids also sunday nights on your EOW and every wed night? That is 5/14 nights, so it sounds like you do have a little over half way between 5-5-2-2 and EOW currently.
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Old 03-05-2018, 09:22 PM
youngdad91 youngdad91 is offline
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My apologies. by EOW I meant alternate Friday to Monday and every Wednesday to Thursday. I think this is what EOW is these days. For separated parents with close proximity anyways.
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