Legal standard for access?

[Dadx5]

Is there anything that is considered a legal standard for access?

I just received an email from my daughters mother. After the meeting she had today with our daughters counsellor and discussed the letter they submitted for the courts (which stated they recommend schedule stay as it is where mom is limited to 2 days a week, non consecutive) She wanted to discuss my offer to settle, but that she feels I am offering less then the legal standard and she would get more from the OCL.

I offered her 2 midweeks each week and one weekend a month, shared holidays, alternate weeks in summer from first monday in July to last monday in August. Along with mothers day, applicant's birthday, 5 hours on child's birthday, Applicant's mothers birthday, extended weekend if her weekend is a P.A. day, and extended access for dance events.

Mom is claiming that is too far below standard and not a legal offer. I don't believe there is a standard that things are a case by case, and given her history, and the recommendations of the counsellor and child psychologist it is a fair offer. Also the fact that currently mom only gets tuesday and thursday no weekends, no other access so this is a big increase from what she is getting.

[paris]

Well, it seems the court standard for a Dad is EOW and one evening a week. But everyone is pushing for 50/50 to be the standard. There are many situations where neither of those will work. You have special circumstances. The counsellors think the schedule is good as is, and your offer sounds reasonable.

[Rioe]

There is no "standard" schedule for access.

The two most common ones are EoW with a midweek night for the dad, a holdover from when stay-at-home moms got the children, and 50-50, because dads are now refusing to be considered anything but an equal parent.

Families and courts can (and do) deviate from either if circumstances warrant it, such as one parent being incompetent at looking after the child. The overriding concern is the best interests of the child.

Tell your ex that you recognize that your offer is not one of the more common access schedules, but that you believe it is the best one for the child under the circumstances and as recommended by professionals. If she does not want to accept it, she can make a counteroffer for you to consider, or take you to court.

I'm a bit confused about your offer as you describe it though? She would have the child two nights a week and one weekend a month? Plus half holidays and summer? That's only one weekend a month away from perfect 50-50. How can she be complaining that it's worse than EoW?

[HammerDad]

I don't agree that it is less than normal. It is just an alternative schedule.

Yes, throughout the year the ex will get less than the normal every-other-weekend, but the summer will compensate her with every-other-week. So for the 20 overnights the ex would lose in comparison to the school year, they are gaining approximately 30 overnights over the course of the summer.

The ex is looking at the bulk of the year and saying they are getting shafted. They fail to realize they are being compensated for less school year parenting time with extra summer time parenting time.

Normally, the EOW screw-job continues through summer. Yeah, the NCP may get a couple weeks here and there, but not every-other-week.

[rockscan]

A) when has she ever adhered to "legal standards" for anything? Even if there was a "legal standard" she would be breaching is on a regular basis.

B) has she had any success in any of her moves either as applicant or respondent?

C) at this point why even bother trying to reason? Shes been slapped so many times for her behaviour.

Youve made several reasonable offers to a woman who has shown her own child such unreasonable and disrespectful behaviours that shes lucky youre actually willing to ask this question.

In my view, she can take it or leave it, shes already demonstrated poor behaviour to a judge, if she isnt careful she may end up with less than what youve offered!

[Dadx5]

I have not offered the Tuesday and Thursday as overnights because child has been late or absent from school every parenting day she has had since January 22nd. Prior to that date she was already late or absent 10 days. Last year child missed 40 school days and was late 29. I want her to see our daughter often but not at the expense of school.

The professionals (including a child psychologist that is involved with the situation) recommended no weekends, and just Tuesday and Thursday, some holiday schedule but not a shared schedule, and some time on child;s birthday. So my offer is extremely more then the recommended.

I do believe that in court on monday she will end up with a lot less then what I am offering. The judge last month told her that they won't expand access unless its permanent, OCL recommends it, or a natural third party such as her counsellor recommends it. Since OCL has not let us know if they are getting re involved, and the counsellor recommends no change they will probably just hold things over for a few more months and keep things with the two days a week she is getting.

[Headwaters1]

The only standard I'm aware of is the maximum contact principle which isn't a set schedule. It just says the child should have maximum contact with both parents given both parents are capable. It sounds like there are lots of reasons you have custody and majority access and maybe she is less then fully capable. So no she is talking out of her ass...