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Old 04-22-2020, 12:10 PM
guydeluxe2018 guydeluxe2018 is offline
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Default 2 weeks travel without the child for ex-girlfriend

Here is a clause I included in my counteroffer; can the courts make me agree to my ex-girlfriend (common law) travelling and having the 2 weeks without me agreeing to it? My ex wants "if both parties agree in writing” removed from the clause. Can she contest it in court and win?

"if both parties agree in writing, the applicant may take up to two weeks without the child per year. During the applicant's vacation time, the Respondent shall be responsible for caring for the child ad the travelling parent shall not be required to make childcare arrangements for those 7 days. The parties shall provide 45 days written notice of travel"

what are your thoughts?
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Old 04-22-2020, 12:27 PM
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Janus Janus is offline
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Quote:
Originally Posted by guydeluxe2018 View Post
"if both parties agree in writing, the applicant may take up to two weeks without the child per year. During the applicant's vacation time, the Respondent shall be responsible for caring for the child ad the travelling parent shall not be required to make childcare arrangements for those 7 days. The parties shall provide 45 days written notice of travel"

what are your thoughts?

I would want much more notice than 45 days, but otherwise what is the problem here?

What is your custody situation?
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Old 04-22-2020, 12:36 PM
guydeluxe2018 guydeluxe2018 is offline
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My 4 year old is currently living with the father, he sleeps over ever Thursday and spends the 3rd weekend of every month from Friday to Monday morning.

I will 7 days a week, full time job 9-5 Monday - Friday. On weekends at part time various shift ranging from morning to overnight. My work schedule simply does not allow me care for my son during the time she is away.
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Old 04-22-2020, 12:38 PM
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My 4 year old is currently living with the father, he sleeps over ever Thursday and spends the 3rd weekend of every month from Friday to Monday morning.
I presume you mean your kid is living with his mother?

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My work schedule simply does not allow me care for my son during the time she is away.
What would you do if the mother died?
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Old 04-22-2020, 12:55 PM
guydeluxe2018 guydeluxe2018 is offline
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I am working 7 days so I can pay child support and be on time with payments
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Old 04-23-2020, 01:04 AM
dad2bandm dad2bandm is offline
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To the OP, I don't quite comprehend your clause, or who the applicant and respondent are. It sounds like your ex is the applicant?



It sounds like, your ex wants to have a clause that guarantees them 2 weeks vacation away, without their child, and without your agreement to time? lol. Are they expecting you figure out the childcare then, or that they will?


(My ex tried this FYI, way back in the day, demanding "childless vacation time" during time of her choosing, and that I should schedule my own vacation around that, and that I would be responsible for child care costs while she took her vacation, while she was collecting full table child support. I told her to pound sand).


Since it sounds like your ex, is the primary parent, and has the child the bulk of the time (and gets full table support?), it should be on her, to arrange childcare/costs for care, if she wants to take off on her own vacation time (without child), without your agreement.


It sounds like you're okay (as long as you both agree to the timing/length of vacation) with covering the childcare costs during her vacation. If that's the case, your clause is very reasonable, but as Janus mentioned, I would also want more notice. Depending on timing of vacation, and age of child, it can be tricky to find care for an entire week or two quickly.



No, no judge will side with your ex, that she is guaranteed to have unilaterally-decided vacation without her child, with no input/agreement from you, if she is the primary parent, and if she is not covering childcare while she is gone.
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Old 04-23-2020, 05:10 AM
guydeluxe2018 guydeluxe2018 is offline
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thank you, I will leave the clause as is and request 60 days advance notice.
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