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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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Old 11-24-2006, 01:54 PM
inlimbo inlimbo is offline
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Lightbulb Details of Offer: Help me understand the Difference.

I am asking a lot from you all....but pls help me understand...I'm in Ontario:


#1)
WHAT is "...full rights of access...as set out in Section 20(5) of the Children's Law Reform Act? ( I need layperson's explanation/examples)
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#2)
WHAT is the 'standard' time period to notify other if I wish to move from area? If other opposes what is the 'standard' time within to oppose?

Can someone pls share with me various/practical forms of this clause? i.e how big an 'area' shall one cover? what implications?

IS IT IMPORTANT ? to say, "...otherwise, x shall be free to move..."
is it not a given?
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#3)
"Both parties shall give either parent an itinerary at least 7 days before vacation with the children outside of Canada begins, including the name of flight......"

ADDING THE PHRASE to read:
"at least 7 days before vacation OF MORE THAN 2 WKS...outside of Canada" seems more reasonable to me since I tend to drive to the U.S with kids to visit family on weekends. Is the 2wks reasonable?
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#4)
HOW do I write a clause to specify that the kids must be dropped at school in the morning ON TIME so as to avoid many 'lates' on their report cards?

Seems common sense but I want there to be a way for accountability.
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#5) ARREARS: total is 9K,

WHY is it written that arrears "shall be fixed as 6K payable by CERTIFIED CHEQUE WITHIN 15 DAYS of acceptance of offer"

Why not have it go thru the FRO since we are already in thru FRO for CS?
What is the catch?
Also, I have a feeling x will reject offer if given 15 days. Is this practical?

What are alternative clauses out there on this?
WHERE DOES/DID THE remaining 3K GO?


#6) Following the clause on arrears is heading "Severability and Costs": Says;

"x will pay y costs fixed at 3K within 15 days of acceptance of...."

***Is this how arrears are delt with or is it assumed that I forgave the 3K?
***Who decides what $ is cost? when? must you give a $ figure on Offer?
Since it is not likely to recover cost, why is it taken out of my arrears?
Can one ask for arrears to be paid without asking for 'Severability & Costs' ?

I am very confused on this one.
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#7) WHICH ONE IS BEST and WHY ?

To say, "This Offer remains open until one minute after the commencement of trial....." OR

To say,"This is a time limited Offer....with a set period....for...." ????

Again, what IS the catch?
I am paying big$$$ for lawyer and I want to make sure the efforts in settlement are practical and worthy rather than prolonging the fight. I figure if I were to give a time limit at least I get to know and plan for the next move, as opposed to walking blind until trial only to have other say OK, I accept !!?
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I welcome and appreciate very much all feedback.

Boy, am I ever so tired of fighting. I hope it ends...soon.
Thank you,
inlimbo.
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