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  • Updating a final order on consent?

    Oops.

    Forgot to add in a "Kid should have passport and either parent can take her out of country on consent" clause.

    My ex and I are in a weird "let's get along" stage and have agreed to some language. Very scoped. And I've suggested (and ex agreed) to have a form letter incorporated to use. That way we don't have to run to our lawyers every time we want to get the consent done (we each have people who can notarize/commission the letter for us).

    The problem? Neither one of us put it on our offers and it didn't translate into the Minutes of Settlement. Which means we can add it to the order from the endorsement of the MOS.

    So....

    My lawyer said "meh- you have full custody. Probably not an issue- but we can update later". And I want to do this NOW- while we are still getting along in a our temporary truce.

    Final order has been sent for approval by both counsel.

    Can we just do an amending order on consent to add an appendix to the final order to deal with travel and travel consents?

    Thanks in advance.

  • #2
    If you both are being amicable and are willing to allow the children to travel with each other, there's an interactive section on the Canadian Border Patrol website: https://travel.gc.ca/travelling/children/consent-letter

    It's very easy to fill out and can be done way ahead of time. I would only suggest that you both give each other an itinerary, proof of travel insurance and allow contact during the travel (when possible). I believe it's in the best interest for all children to experience anything outside the country and enjoy time away with either parent. Best of luck to you!!

    Comment


    • #3
      Originally posted by Tired_Dad View Post
      If you both are being amicable and are willing to allow the children to travel with each other, there's an interactive section on the Canadian Border Patrol website: https://travel.gc.ca/travelling/children/consent-letter
      I think Iona's concern is that this interlude of peaceful cooperation may not last and she wants something in writing for when the collaboration breaks down.

      That said, I agree with the lawyer. You have full custody. If he actually causes you problems once just a quick hop and a skip to court to allow you to travel without his consent. Sounds kinda nice actually. I'd be hoping he doesn't provide consent.

      Also, why do you need a standard form? If you are going on a trip, you write up the form and pay him to bring it to the notary to get signed. As TD pointed out, they have "standard" forms already online.

      Comment


      • #4
        Originally posted by Tired_Dad View Post
        If you both are being amicable and are willing to allow the children to travel with each other, there's an interactive section on the Canadian Border Patrol website: https://travel.gc.ca/travelling/children/consent-letter

        It's very easy to fill out and can be done way ahead of time. I would only suggest that you both give each other an itinerary, proof of travel insurance and allow contact during the travel (when possible). I believe it's in the best interest for all children to experience anything outside the country and enjoy time away with either parent. Best of luck to you!!
        thanks. I used that letter as the base for the form letter I included.

        I would like language added- in the event that our "co-parent" relationship goes to hell- that it's clear as day how travel works.

        Here's the language I'm proposing:


        Vacations outside Ontario or Canada

        The parties shall authorize any consents or authorizations necessary to permit D3 to receive her Canadian passport. The Respondent shall be responsible for D3's passport application and shall hold D3's passport, except when D3 is travelling out of Canada with the Applicant on vacation.

        Vacations
        After 2023, and no more than once in any two calendar years, either party may seek a vacation arrangement with D3 outside the main schedule of this Agreement for trips up to 14 consecutive calendar days.

        No later than four months before the scheduling of the trip, the parent planning the trip (the "Trip Parent") shall give notice to other parent (the "Non-Trip Parent") of the location and itinerary of the trip. The Trip Parent shall make arrangements with D3's school to cover any work that may be missed as a result of the trip.

        The Non-Trip Parent shall provide a written response within two weeks notice of the trip, and agreement shall not be unreasonably withheld. If the Non-Trip Parent refuses the requested time, they must provide the Trip Parent with written reasons within the two week time period which must include one of the following grounds:
        • the trip will unreasonably interfere with D3's schooling as confirmed in writing by D3's school.
        • the trip is to a location listed on the Government of Canada's 'Travel Advice and Advisories' website as an 'AVOID ALL TRAVEL' location
        • the trip interferes with the non-trip parent's scheduled vacation as already agreed upon in writing by both parents


        The Trip Parent shall ensure that D3's passport is valid, and that she has received any required vaccinations as recommended by her family doctor or pediatrician. The Trip Parent shall provide a copy of the vaccinations administered to the Non-Trip Parent.

        No later than 1 month prior to the commencement of the trip, the Trip Parent shall provide a legible hard copy of the itinerary of the trip to the Non-Trip Parent. At minimum, the trip itinerary must include:
        Dates of the trip
        All flight numbers including booking confirmation numbers
        All addresses and contact information of hotels and other accommodations booked, including family members homes if applicable

        The trip shall not be included or counted towards the division of parenting time as it is meant to be a special occasion, not to be repeated as a regular occurrence.



        ....

        I know 2023 sounds like a psychotically long time before allowing her to travel per this clause. But weirdly the ex and I agree that we think 1 week is long enough for D3 to travel with just one parent before she's 7 years old. Before that- she has week on/week off with each parent in the summer time starting in 2022.

        Comment


        • #5
          Originally posted by Janus View Post
          I think Iona's concern is that this interlude of peaceful cooperation may not last and she wants something in writing for when the collaboration breaks down.

          That said, I agree with the lawyer. You have full custody. If he actually causes you problems once just a quick hop and a skip to court to allow you to travel without his consent. Sounds kinda nice actually. I'd be hoping he doesn't provide consent.
          lol. I don't want to end up back in court. To be honest- this clause probably has more benefits to him. But I just want things clear as day. Part of my reasoning behind this is that he can't try to re-open our order because we didn't deal with ALL the things. I've seen some good final orders reopened because they didn't deal with vacation schedules, or school choices, or something else. I know I can't make an airtight order...but I'm sure as hell going to try to.

          Also, why do you need a standard form? If you are going on a trip, you write up the form and pay him to bring it to the notary to get signed. As TD pointed out, they have "standard" forms already online.
          My ex is playing nice now- but he often plays dumb (or is actually dumb, I don't know)- and will hold up things saying "well I have to run it past my lawyer" etc etc etc...if we have the standard letter added to our order - it streamlines things. Esp. if I have to go to court- "your honour- we agreed on how the letter should read and the terms - please refer to the order dated _____"

          Comment

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