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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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  #11  
Old 01-03-2014, 01:37 PM
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Default Sample separation agreement template

PART TWO:



JURISDICTION & MOBILITY

21) For the sake of consistency and predictability, the parents will do their best to maintain the child’s current residency and parenting arrangements. Should either parent wish to move to a location which may create a situation in which it may not be practical to maintain an equal shared parenting arrangement, and the child is over the age of 8 years of age, then the child will have the choice of which parent she may wish to reside with. Both parents will respect her wishes at that time. Should the child be less than 8 years of age at the time then the residency of the child and parenting arrangements will be determined subject to a full re-assessment of the family situation which is to be done prior to any move of the child.

22) Neither parent shall move the child out of the local community of ….., Ontario without the written consent of the other parent.

WISHES & PREFERENCES OF THE CHILD

23) Both parents will respect the age appropriate wishes and preferences of ******** in regards to matters, such as, the child’s desire to be with certain members of her family, privacy on the phone, etc., providing her wishes are reasonable and consistent to the best interest of the child.

PARENTING SCHEDULE

24) Except for the circumstances provided for in this agreement, the child shall reside with each of the parents on an equal shared parenting basis in accordance to the parenting schedule attached as "Schedule A". This shall be referred to as the basic parenting schedule and may be changed as circumstances change upon mutual consent of the parties.

EDUCATION

25) The child will begin her education in the community of …., Ontario and will maintain consistency by attending the designated educational institutions that are in the community of …...

CONTACT WITH THE SCHOOL

26) Both parents will have equal and unrestricted access to all matters relating to the child’s activities at school, including participation on school outings and activities.

27) Both parents will have the equal right to communicate with the school at any time, independently or jointly in order to discuss matters relating to the child.

28) Both parents will have the equal right to take the child out of school for reasonable reasons such as, but not limited to, having lunch or to attend special events.

DAY CARE

29) Currently the child is in daycare and requires babysitting before and after school on some days. The child shall continue with the current daycare provider.

30) Arrangements for daycare, including changing of day care providers shall be made jointly and with full consultation with the other parent.

DECISION-MAKING

31) The resident parent is responsible for making the routine day to day decisions affecting the child during the time that the child is in his/her care.

32) All significant decisions relating to the child, not already covered in this parenting agreement will be made jointly by the parties.

33) The resident parent may make emergency decisions affecting the child. A reasonable attempt must be made to contact the other parent under such circumstances.

34) Should any parent refuse to grant consent in areas where mutual decision making is called for, then this action shall be considered a violation of the intent and spirit of this parenting plan. Such action shall be considered in any future court action regarding a change in custody deemed as warranting modification to the parenting plan

TELEPHONE CONTACT BETWEEN PARENTS & CHILD

35) The Resident Parent will at all times allow the child to have a reasonable amount of time on the phone at reasonable times with the Non Resident Parent.

36) Both parents will respect the child’s privacy while she is on the phone to the other parent and will not annoy or harass the child while she is talking to the other parent.

ADMINISTRATION OF DRUGS & ANTIBIOTICS TO CHILD

37) Neither parent will permit the prescription of any form of antibiotic to the child without the permission of the other parent or unless prescribed by a doctor in an emergency situation.

GENERAL HEALTH & MEDICAL

38) Both parents agree that no major medical procedures or operations will be undertaken in relation to the child without joint parental consent, unless in the case of an emergency requiring immediate treatment, as advised by a legally qualified medical practitioner, and that all reasonable efforts be made to contact the other parent.

MUTUAL AGREEMENT FOR CHANGES

39) The parties may make changes to this parenting responsibility document and have parenting time with the child at any and all times mutually agreed between the parents. Any of the parenting schedules outlined in this agreement may be altered or changed upon mutual consent of both parents.

40) Should changing family circumstances or more permanent changes to the parenting responsibility document at the request of the parties require that the parenting document be changed or modified on a more permanent basis, then the parties shall revise the parental responsibility document and have the changes witnessed by a third party. Each party will review the agreement no less than once per year for the purposes of updating the documents to reflect current family conditions.

EXTRA CURRICULAR ACTIVITIES

41) Both the parents have the right to attend any extra curricular activities that the child may be involved in at any time, whether it is that parent's time to be with the child or not. The Resident Parent will advise the Non Resident Parent of any extra curricular activities that the child may be involved in during parenting time of the Resident Parent so that the Non Resident parent may have the opportunity of attending such activities.

42) Neither parent shall schedule time for activities with the child during the other parent’s normal parenting time without the written consent of the other parent.

43) The parents agree to share the costs of all extra curricular activities that they mutually agree to have the child participate. These activities and their shared costs are indicated in the budget with this agreement.

PARENTING STYLE & CHILD GUIDANCE

44) Each parent shall respect the other's parenting style and privacy providing such parenting style does not violate the child’s best interests.

45) Both parents agree to cooperate to ensure that there is cooperation in discipline and that neither one of them will allow the child to leave the other parent’s home in order to avoid facing discipline of the other parent’s home.

46) The parents will not argue in front of the child and will refrain from making any kind of derogatory comments about the other parent while in the presence of the child. The parents are not to pressure the child to take sides in any issues between the parents.

COMMUNICATION BETWEEN PARENTS

47) All communication of importance or where a misunderstanding may develop will be by writing, fax, or through a third party.

48) Neither parent shall use the child, either directly or indirectly, to take verbal or written messages between the parents unless the messages should involve the child such as communication about the child’s homework, etc.

49) Each parent will advise the other parent of any scheduled parent-teacher meetings of the school and community functions in which the child is involved, and any meeting where professionals may be involved. Copies of report cards will be given to the other parent as soon as possible after a report card has been received.

50) Each parent will make best efforts to share appropriate information about the child’s schooling and health as well as information about any important events in the child’s life.

TRAVEL

51) Neither parent will take the child out of the country without the written consent of the other party, such consent not to be unreasonably withheld. In the event that either party is taking the child out of the country they shall give a brief itinerary of travel arrangements.

DOCUMENTS

52) Neither parent will apply for any passport documents for the child without the prior written consent of the other parent.

53) Each party will provide the other party, upon request, the child’s passport and/or birth certificate upon demand of the other should the other parent be traveling outside of the country with the child.

54) Each parent will provide the other parent with any documents that may be needed from time to time that may be relevant to the welfare of the child including birth certificates, health care cards, immunization records, etc. Both parents will keep such documents in their possession in a safe and secure place.

55) Each parent will have the right to full access to medical, dental, and educational records and information in relation to the child.

TRANSPORTATION OF CHILD

56) Both parents will share in transportation of the child. Each parent will drop off the child at the end of their parenting period appropriately dressed for the weather.

Last edited by Mess; 01-03-2014 at 05:07 PM. Reason: remove name
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  #12  
Old 01-03-2014, 01:37 PM
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Default Sample separation agreement template

PART THREE:




AVOIDANCE OF LEGAL COSTS

57) The parents will take all reasonable steps to avoid litigation which only hurts both parents and diminishes the ability of the parents to provide for the child’s care now and in the future (such as when the child may need post secondary education)

CHILD SUPPORT

58) Each parent shall contribute a fair amount to the child as agreed in the budget attached as Appendix "B" to this parenting plan. The money will be deposited in a joint chequing account with both parents being allowed to spend their assigned share on the child in accordance to the budget. The parents will mutually decide how to spend any surplus amounts, if any.

59) Should, at any time, the parents feel that the budget needs to be modified to take into account for any factor which relates to the support of the child, such as increases or decreases in costs relating to him/her, income of the parents, the budget can be revised by mutual written consent, properly witnessed.

DISPUTE RESOLUTION PROCESS

60) Should disagreements arise about the child or the terms and conditions contained in this parenting responsibility document, the parties shall attempt resolution of the dispute through alternate dispute resolution process before taking action through the courts. The dispute resolution process shall be open.

61) In the event of a dispute, each parent agrees to appoint their own support person to assist them in resolution of any conflict. This person could be anyone outside of the family and may include a professional such as a mediator, counselor or other conflict resolution person. This person will work in cooperation with the other parent’s support person to assist the family resolve their difficulty.

62) The parties agree that they will share the costs of any dispute resolution process on an equal 50/50 basis or on a ratio of their respected incomes, whichever is the higher of the two methods for the person who initiated the conflict resolution process.

63) That both parents will discuss openly with the conflict resolution persons with a view to work out a mutually satisfactory resolution. If after 60 days, the parents are still unable to agree through a conflict resolution process, then either parent can make an application to the court having relevant jurisdiction to resolve the dispute.

64) The conflict resolution person(s) shall file a complete report on the attempt to mediate with the court which will include anything that the they consider relevant to the issues in dispute.

CHILD TAX CREDITS

65) In order to maximize tax advantages, the parent who can apply the child tax credit for the child in a manner that will result in the greatest tax benefits will claim the child on their personal income tax form.

66) Taxes saved as a result of claiming the child on one parent’s personal taxes will be used to benefit the child and will be deposited in the child’s bank account to be kept as savings or to be used at the parties jointly agree. Such monies to be deposited in the child’s account as soon as any tax savings are received.
CHILD’S SAVINGS

67) Each parent will contribute to the child’s savings plan in accordance to the monthly budget set out in the schedule. Payments will be made monthly - bimonthly - quarterly) by each parent paying directly to the child's account.

68) The savings account will be held jointly in the names of the parties. Neither parent will have the right to withdraw any of the money without the consent of the other.

MEDICAL EXPENSES

69) Each parent will share equally the costs of any necessary medical expenses relating to the child that are not covered as part of any medical plan. Either parent requesting money from the other will provide receipts upon requests for such additional expenses.

70) Should either of the parents receive medical insurance coverage through employment for themselves or other members of their family, and this can be used for the child, then each parent will allow use of their plans at no cost to the other parent. Both parents will release to the other parent copies of any medical insurance plan so that the type and extent of coverage can be determined.

MISCELLANEOUS

71) Each parent will share, equally, any reasonable and necessary expenses relating to the well-being and best interest of the child. Expenses for the child that would be in excess of the amount budgeted for in this agreement will require the mutual prior consent of both parents. Once the parents are in agreement to such expenses then the both parents will contribute to the required expenses as soon as possible. If one parent has been given the authority to spend the money and then to be reimbursed by the other parent, then that parent will upon request provide a receipt to confirm the expenditure for the child.

AGREEMENT TO PREVAIL

72) This agreement prevails over any matter that is provided for in

(a) The Family Law Act

(b) Any succeeding legislation and;

(c) Any subsequent domestic contract between one of the parties and another person.

SEVERABILITY OF TERMS

73) Except as otherwise provided, all of the terms of this shared parenting agreement are severable from each other and shall survive the invalidity of any other term of this agreement

INDEPENDENT LEGAL ADVICE

74) Both parents acknowledge that he or she:

(a) Has had spoken to a lawyer and obtained independent legal advice

(b) Has read this agreement in its entirety and has full knowledge of the contents

(c) Understands his or her respective rights and obligations under this agreement, the nature of the agreement, and the consequences of this agreement.

(d) Acknowledges that the terms of this agreement are fair and reasonable

(e) Is entering into this agreement without any undue influence, fraud, or coercion whatsoever, and is signing this agreement voluntarily.

EXECUTION

75) To evidence that both parties are in agreement to the terms and conditions contained in this document, both parties have each signed this document under witness.

Dated this ___________ day of _______________, 2000

_________________________________ ________________________________
Signature of Parent 1 (Witness)



Dated this ___________ day of _______________, 2000

_________________________________ ________________________________
Signature of parent 2 (Witness)

Last edited by baldclub; 01-03-2014 at 01:48 PM. Reason: Add title
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  #13  
Old 01-03-2014, 01:42 PM
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Hi baldclub. I think it's great you posted this. I recall you put considerable time into creating it.

How have things gone for you? Is your ex abiding by the rules?
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  #14  
Old 01-03-2014, 01:46 PM
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In my personal experience, when sitting down with the other party, the children's lawyer and the judge, all three said my own particular separation agreement proposal was too detailed.

My understanding was in a high conflict situation, leave nothing to chance or risk exposing yourself to more conflict. Yet none of them had a solid alternative, go figure.

My ex eventually months later proposed something in the eleventh hour, afternoon before trial, which mirrored mine somewhat but was still pretty inconsistent. I didn't worry too much about it though as long as key sections were detailed such as equal parenting, shared residence and a detailed access schedule. I didn't care about some of the unnecessary negative digs against me, I was there to compromise on everything except the aforementioned equal parenting and shared residence points.

In the best interest of the children, that compromise happened. I still don't know to this day why exactly it had to take almost five years.
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  #15  
Old 01-03-2014, 01:51 PM
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Quote:
Originally Posted by arabian View Post
Hi baldclub. I think it's great you posted this. I recall you put considerable time into creating it.

How have things gone for you? Is your ex abiding by the rules?
No problem. It did take time, Arabian, but that is how you learn to deal with your situation from every possible angle, in the children's best interest.

No, she does not abide by it all the time. I look at the big picture, I take a deep breath and carry on. The kids are extremely pleased with it and it's been nothing but positive for them.

Thanks for your comments.
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  #16  
Old 01-03-2014, 03:59 PM
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Baldclub, maybe this should be moved to it's own thread and a sticky be placed on it.
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  #17  
Old 01-03-2014, 04:18 PM
standing on the sidelines standing on the sidelines is offline
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Quote:
Originally Posted by involveddad75 View Post
Baldclub, maybe this should be moved to it's own thread and a sticky be placed on it.
and maybe the childs name removed?


WISHES & PREFERENCES OF THE CHILD

23) Both parents will respect the age appropriate wishes and preferences of ******* in regards to matters, such as, the child’s desire to be with certain members of her family, privacy on the phone, etc., providing her wishes are reasonable and consistent to the best interest of the child.

Last edited by Mess; 01-03-2014 at 05:05 PM.
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  #18  
Old 01-03-2014, 04:53 PM
involveddad75 involveddad75 is offline
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Quote:
Originally Posted by standing on the sidelines View Post
23) Both parents will respect the age appropriate wishes and preferences of ******** in regards to matters, such as, the child’s desire to be with certain members of her family, privacy on the phone, etc., providing her wishes are reasonable and consistent to the best interest of the child.[/I]
That is a nice to have in an order, but how does one measure if that is actually happening?

Last edited by Mess; 01-03-2014 at 05:05 PM.
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  #19  
Old 01-03-2014, 05:40 PM
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@Baldy.....

Again, welcome back and thanks for posting this again. There has been some requests lately about separation agreements, and hopefully those folks are taking notes and will be putting their weekend to good use

Quote:
I look at the big picture, I take a deep breath and carry on. The kids are extremely pleased with it and it's been nothing but positive for them.
It's the only rational way to approach this innit? Splendid
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