Billiechic gave me the idea to start this topic, feel free to add items as you feel necessary. I've been collecting the odd little tidbits below for quite some time over the course of my own ongoing custody dispute.
SAMPLE SEPARATION AGREEMENT CLAUSES
The parties agree that the child(ren)'s health card will travel with the child(ren) for all access and vacation visits; and the child(ren)'s passport and birth certificate will be made available upon request.
That both parties as well as immediate and extended family may attend the child's special events (eg, concerts, competitions, recitals, etc.) without restriction and without regard to whose care the child is in at the time of the event. The CP agrees that the NCP will be permitted to speak with the school, coaches, or organizations in order to remain informed of such events in the child’s life.
The major decisions regarding the health, education, and religion of the children shall be made jointly; and in the event of a disagreement, the custodial parent shall have final say short of a court order brought forth by the non-custodial parent.
The parties agree that child support shall be dispersed using the Federal (replace with Provincial if applicable) child support table guidelines and the offset method with a July to June payment schedule. The payment amounts will be based off Line 150 of the parties respective Notice of Assessments. (remove and the offset method if custody/access is not at least a 60-40 split).
The parties agree that child support will terminate when the following conditions apply:
When ____ (insert child’s name) reaches the age of majority on 12:01am on mmddyyyy.
OR
When _____ (insert child’s name) is no longer living in the household of _______________ (insert as applicable, ie. The CP, either party, etc)
Should ______(insert child’s name) elect to pursue a post secondary education, the parties agree that:
Child support shall continue up until either successful completion of a post secondary program, or 4 years past the date of graduation from secondary school.
AND
The child support payments shall be directed to the child’s portion of their educational costs effective the first day of the month where classes begin for their program and ending the first day of the month of graduation. (see Post Secondary Section below)
*repeat above section for each child specifically*
A July to June schedule will match with the federal CCTB/UCCB payment schedule, so any changes to CCTB/UCCB payments will reflect any changes in the individual households properly.
In order to facilitate prompt and efficient payments of child support as well as section 7 calculations, both parties agree to provide the other, copies of their notice of assessments no later than June 30 of each year.
The parties agree to split the costs associated to special expenses (aka “section 7 expenses” ) proportionally to their line 150 notice of assessment amounts in each given year.
The parties agree that "section 7" expenses are hereby defined as any necessary, tax-deductable educational, medical or dental expense.
The parties also agree that the amount of section 7 expense that will be split will be the net amount after any applicable deductions are applied. (ie. from benefits)
The parties agree that any submitted section 7 expense that would exceed the maximum tax deductible amount for a calendar year will have to be agreed to at least 30 days prior and IN WRITING, or the other party will not be required to contribute towards the expense.
Child Care
The parties agree that they are required to contribute a proportional share of child-care expenses related to work, educational costs and extracurricular activities. The parties each agree that the other shall be granted the right of first refusal for any child care requirement exceeding 8 hours.
The parties agree that the amount to be split for child-care shall be the net result after any relevant deductions are applied. (Government programs/subsidies, UCCB, etc.)
The parties agree that the Universal Child Care Benefit shall be paid to the child care provider (if applicable) by the person receiving it in any given month, and that this benefit amount will be applied to the child care amount prior to proportional division of same.
The NCP shall give at least 24 hours prior written notice to the CP if they desire to cancel an access visit; If the NCP does not arrive to pick the child up within 30 min of the scheduled pick up time (unless prior notice has been provided of cancellation) the CP may assume that the NCP is a no show and may make alternate arrangements accordingly.
Both parties agree that they are not allowed to take the child out of the city of __________ with intent to move, without providing the other at least 30 days advance written notice.
The parties agree that they may travel with the children within Canada, without requiring prior written consent of the other. If necessary, a consent to travel document will be completed/provided by the other party within 5 business days of a written request for same.
The parties agree that travel outside of Canada will require the express written consent of the other party, and that a travel itinerary, including contact information as well as a consent to travel document will be required. The parties agree to provide the other with written notice at least 60 days in advance of plans to travel outside of the country. The parties agree that if consent is withheld, a motion before the courts will be permitted, and if such court action is taken, that the party who is ruled in favor of, will have their legal costs associated to the motion reimbursed by the other.
The parties agree to inform other parent of change in employment within 10 business days, and any change of contact information within 2 business days.
Custody/Access Exceptions
The parties agree that the below Holiday/Vacation schedule shall supersede and take precedence over the normal custody/access already laid out.
Christmas Eve/Day – Hereby defined as December 23rd at ____ time until December 26th at ____ time. CP to have the children on even numbered years, NCP to have the children on odd numbered years.
New Year’s Eve/Day – Hereby defined as December 30th at ____ time until Jan 2nd at ____ time. CP to have the children on odd numbered years, NCP to have the children on even numbered years.
- Make the Xmas/New Year’s schedule the SAME AMOUNT OF TIME.
Easter Break – hereby defined as Easter Friday at _____ time until Easter Monday at _____ time. CP to have the children on odd numbered years, NCP to have the children on even numbered years.
Spring Break/March Break – hereby defined as the time given off by the school the children are in for a given year. If this time off is combined with Easter Break by the school district, then the Spring Break/March Break timeframe is agreed to take precedence. CP to have the children for the Spring/March Break for odd numbered years, NCP to have the children for even numbered years.
Summer Vacation
Each agrees the other is permitted to choose two (2) one week (Sun to Saturday) non consecutive weeks for Summer Vacation access.
Canada Day arrangements are agreed to take precedence and to supersede any time chosen under the Summer Vacation access. Each agrees to provide the other with the chosen access dates no later than ____ (insert date) of each year.
CP to choose their weeks first on even numbered years, NCP to choose their weeks first on odd numbered years.
Canada Day – Hereby defined as ___ am on July 1 until ___ pm on July 1. (May want to switch this to end on July 2, to account for fireworks going past midnight/etc) CP to have the children on even numbered years, NCP to have the children on Odd numbered years.
Birthdays
Both parties agree it is in the children's best interests to be able to have a special "birthday" time with each parent. Each agrees to allow the other party to take each of the children for one afternoon OR evening during the week of their birthday for a birthday lunch/supper/outing/etc. regardless of whose care the child is in at the time, and will accommodate without prejudice any such request to allow for days off of work, coordinating of immediate and extended family visits for this purpose, etc regardless of the day the request falls on. Each agrees to provide the other with one weeks written notice should they wish to exercise this option.
Post Secondary Education
The parties agree to pay proportional to their Line 150 amounts each year, the net cost associated to ______ (insert child’s name) pursuing a post secondary program after any applicable scholarships, bursaries, student loans, etc are applied.
The net cost to include tuition, books, and any course required items/fees/etc. as well as travel 2X/year at the least expensive available public method back to the city of residence (if the post secondary education lies outside the city/province of residence). Residence and Meal plans to be included if available for the post secondary institution. If not available, and alternative arrangements are needed, the cost for housing/meals shall not exceed the least expensive option at a comparable post secondary institution in the area.
The amounts to be paid by the parties shall not exceed 2/3 combined total cost of the child attending the post secondary program. The child is to be responsible for at least 1/3 of the cost, via savings, student loans, scholarships, bursaries, etc.
SAMPLE SEPARATION AGREEMENT CLAUSES
The parties agree that the child(ren)'s health card will travel with the child(ren) for all access and vacation visits; and the child(ren)'s passport and birth certificate will be made available upon request.
That both parties as well as immediate and extended family may attend the child's special events (eg, concerts, competitions, recitals, etc.) without restriction and without regard to whose care the child is in at the time of the event. The CP agrees that the NCP will be permitted to speak with the school, coaches, or organizations in order to remain informed of such events in the child’s life.
The major decisions regarding the health, education, and religion of the children shall be made jointly; and in the event of a disagreement, the custodial parent shall have final say short of a court order brought forth by the non-custodial parent.
The parties agree that child support shall be dispersed using the Federal (replace with Provincial if applicable) child support table guidelines and the offset method with a July to June payment schedule. The payment amounts will be based off Line 150 of the parties respective Notice of Assessments. (remove and the offset method if custody/access is not at least a 60-40 split).
The parties agree that child support will terminate when the following conditions apply:
When ____ (insert child’s name) reaches the age of majority on 12:01am on mmddyyyy.
OR
When _____ (insert child’s name) is no longer living in the household of _______________ (insert as applicable, ie. The CP, either party, etc)
Should ______(insert child’s name) elect to pursue a post secondary education, the parties agree that:
Child support shall continue up until either successful completion of a post secondary program, or 4 years past the date of graduation from secondary school.
AND
The child support payments shall be directed to the child’s portion of their educational costs effective the first day of the month where classes begin for their program and ending the first day of the month of graduation. (see Post Secondary Section below)
*repeat above section for each child specifically*
A July to June schedule will match with the federal CCTB/UCCB payment schedule, so any changes to CCTB/UCCB payments will reflect any changes in the individual households properly.
In order to facilitate prompt and efficient payments of child support as well as section 7 calculations, both parties agree to provide the other, copies of their notice of assessments no later than June 30 of each year.
The parties agree to split the costs associated to special expenses (aka “section 7 expenses” ) proportionally to their line 150 notice of assessment amounts in each given year.
The parties agree that "section 7" expenses are hereby defined as any necessary, tax-deductable educational, medical or dental expense.
The parties also agree that the amount of section 7 expense that will be split will be the net amount after any applicable deductions are applied. (ie. from benefits)
The parties agree that any submitted section 7 expense that would exceed the maximum tax deductible amount for a calendar year will have to be agreed to at least 30 days prior and IN WRITING, or the other party will not be required to contribute towards the expense.
Child Care
The parties agree that they are required to contribute a proportional share of child-care expenses related to work, educational costs and extracurricular activities. The parties each agree that the other shall be granted the right of first refusal for any child care requirement exceeding 8 hours.
The parties agree that the amount to be split for child-care shall be the net result after any relevant deductions are applied. (Government programs/subsidies, UCCB, etc.)
The parties agree that the Universal Child Care Benefit shall be paid to the child care provider (if applicable) by the person receiving it in any given month, and that this benefit amount will be applied to the child care amount prior to proportional division of same.
The NCP shall give at least 24 hours prior written notice to the CP if they desire to cancel an access visit; If the NCP does not arrive to pick the child up within 30 min of the scheduled pick up time (unless prior notice has been provided of cancellation) the CP may assume that the NCP is a no show and may make alternate arrangements accordingly.
Both parties agree that they are not allowed to take the child out of the city of __________ with intent to move, without providing the other at least 30 days advance written notice.
The parties agree that they may travel with the children within Canada, without requiring prior written consent of the other. If necessary, a consent to travel document will be completed/provided by the other party within 5 business days of a written request for same.
The parties agree that travel outside of Canada will require the express written consent of the other party, and that a travel itinerary, including contact information as well as a consent to travel document will be required. The parties agree to provide the other with written notice at least 60 days in advance of plans to travel outside of the country. The parties agree that if consent is withheld, a motion before the courts will be permitted, and if such court action is taken, that the party who is ruled in favor of, will have their legal costs associated to the motion reimbursed by the other.
The parties agree to inform other parent of change in employment within 10 business days, and any change of contact information within 2 business days.
Custody/Access Exceptions
The parties agree that the below Holiday/Vacation schedule shall supersede and take precedence over the normal custody/access already laid out.
Christmas Eve/Day – Hereby defined as December 23rd at ____ time until December 26th at ____ time. CP to have the children on even numbered years, NCP to have the children on odd numbered years.
New Year’s Eve/Day – Hereby defined as December 30th at ____ time until Jan 2nd at ____ time. CP to have the children on odd numbered years, NCP to have the children on even numbered years.
- Make the Xmas/New Year’s schedule the SAME AMOUNT OF TIME.
Easter Break – hereby defined as Easter Friday at _____ time until Easter Monday at _____ time. CP to have the children on odd numbered years, NCP to have the children on even numbered years.
Spring Break/March Break – hereby defined as the time given off by the school the children are in for a given year. If this time off is combined with Easter Break by the school district, then the Spring Break/March Break timeframe is agreed to take precedence. CP to have the children for the Spring/March Break for odd numbered years, NCP to have the children for even numbered years.
Summer Vacation
Each agrees the other is permitted to choose two (2) one week (Sun to Saturday) non consecutive weeks for Summer Vacation access.
Canada Day arrangements are agreed to take precedence and to supersede any time chosen under the Summer Vacation access. Each agrees to provide the other with the chosen access dates no later than ____ (insert date) of each year.
CP to choose their weeks first on even numbered years, NCP to choose their weeks first on odd numbered years.
Canada Day – Hereby defined as ___ am on July 1 until ___ pm on July 1. (May want to switch this to end on July 2, to account for fireworks going past midnight/etc) CP to have the children on even numbered years, NCP to have the children on Odd numbered years.
Birthdays
Both parties agree it is in the children's best interests to be able to have a special "birthday" time with each parent. Each agrees to allow the other party to take each of the children for one afternoon OR evening during the week of their birthday for a birthday lunch/supper/outing/etc. regardless of whose care the child is in at the time, and will accommodate without prejudice any such request to allow for days off of work, coordinating of immediate and extended family visits for this purpose, etc regardless of the day the request falls on. Each agrees to provide the other with one weeks written notice should they wish to exercise this option.
Post Secondary Education
The parties agree to pay proportional to their Line 150 amounts each year, the net cost associated to ______ (insert child’s name) pursuing a post secondary program after any applicable scholarships, bursaries, student loans, etc are applied.
The net cost to include tuition, books, and any course required items/fees/etc. as well as travel 2X/year at the least expensive available public method back to the city of residence (if the post secondary education lies outside the city/province of residence). Residence and Meal plans to be included if available for the post secondary institution. If not available, and alternative arrangements are needed, the cost for housing/meals shall not exceed the least expensive option at a comparable post secondary institution in the area.
The amounts to be paid by the parties shall not exceed 2/3 combined total cost of the child attending the post secondary program. The child is to be responsible for at least 1/3 of the cost, via savings, student loans, scholarships, bursaries, etc.
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