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  • #16
    Originally posted by iona6656 View Post
    I'm not being flippant. What I'm doing is pointing out that this poster continually posts that they have joint 50/50, when in fact they have joint custody- with primary residence to the other parent. They don't have shared custody. As the child is with one parent the majority of the time.

    Can the other parent move schools, unilaterally? No. But this poster also likes to play chicken little and made an entire thread on how they can get around the whole joint custody issue to take the child to have psychological testing done. See here: https://www.ottawadivorce.com/forum/...ad.php?t=22440

    The poster likes to post 1/2 the story- presumably their half. Not saying the other parent is right for lying and making unilateral decisions without consulting. But this poster does not seem to be coming to the table with clean hands.


    I’m with you... the poster poses all their posts with half info to try and make their position the right one. This poster doesn’t have 50-50 custody... they have joint custody and EOW access... totally different things, but they like to leave that part out. I agree that access doesn’t mean much with major decisions like school, but if it’s only a four minute difference and the new school is in the primary parents area, then most likely the school will be changed. Cross boarding isn’t always allowed


    Sent from my iPhone using Tapatalk

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    • #17
      Originally posted by Berner_Faith View Post
      I’m with you... the poster poses all their posts with half info to try and make their position the right one. This poster doesn’t have 50-50 custody... they have joint custody and EOW access... totally different things, but they like to leave that part out. I agree that access doesn’t mean much with major decisions like school, but if it’s only a four minute difference and the new school is in the primary parents area, then most likely the school will be changed. Cross boarding isn’t always allowed


      Sent from my iPhone using Tapatalk
      Yes BF, you are right on this, it calls joint custody,. my mistake. Apologize.


      This how it was explained/called so I guess it stuck in my mind.



      I leave a lot of parts out for the obvious reasons. These parts do not change any facts.



      Cheers

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      • #18
        Originally posted by HammerDad View Post
        EOW is irrelevant. If they have joint custody, decisions like moving schools must be made jointly.
        This is more like one of those

        "Decisions must be made jointly. In the event of a disagreement, the (specific parent)'s decision will prevail."

        Maybe in theory it should be joint, but in reality it is not joint at all.


        I don't see why we would be flippant with joint custodial decisions because it may be easier on the parent who has the kid more.
        Not flippant. The reality is that it is almost always (and in over 99% of the case law I have seen) in the best interests of a child to be close to a school that is near the primary residence.

        If you are an EOW parent, you had better have a really solid evidence-backed reason against switching schools or it is going to happen. Something along the lines of a unique educational program that is especially well-suited to the child, or a special needs kid that has an exceptionally difficult time with change.

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        • #19
          Originally posted by Janus View Post



          If you are an EOW parent, you had better have a really solid evidence-backed reason against switching schools or it is going to happen. Something along the lines of a unique educational program that is especially well-suited to the child, or a special needs kid that has an exceptionally difficult time with change.


          Especially when the new school (according to Google Maps!) is only four minutes away... if the primary parent is out of the school zone and the previous school offers no special programs, I bet the new school wins


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          • #20
            Originally posted by Janus View Post
            This is more like one of those

            "Decisions must be made jointly. In the event of a disagreement, the (specific parent)'s decision will prevail."

            Maybe in theory it should be joint, but in reality it is not joint at all.
            I agree, it may be. But "may be" is speculation, and what the OP says is they have joint. In most instances where parents share joint custody it is "decisions must be made jointly. In the event of a disagreement the parties shall seek [insert dispute resolution mechanism here ie. arbitration/mediation etc.]"

            Originally posted by Janus View Post
            Not flippant. The reality is that it is almost always (and in over 99% of the case law I have seen) in the best interests of a child to be close to a school that is near the primary residence.

            If you are an EOW parent, you had better have a really solid evidence-backed reason against switching schools or it is going to happen. Something along the lines of a unique educational program that is especially well-suited to the child, or a special needs kid that has an exceptionally difficult time with change.
            This I also agree with. Outside of not being consulted and/or the ex seeking the OP's consent, being EOW and not really having to deal with school days on a regular basis, the OP doesn't have much skin in the game. But joint is joint, and unilaterally making decisions is poor form if it is truly joint custody.

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            • #21
              Originally posted by HammerDad View Post
              I agree, it may be. But "may be" is speculation, and what the OP says is they have joint. In most instances where parents share joint custody it is "decisions must be made jointly. In the event of a disagreement the parties shall seek [insert dispute resolution mechanism here ie. arbitration/mediation etc.]".
              Precisely!

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              • #22
                Originally posted by Janus View Post
                This is more like one of those

                "Decisions must be made jointly. In the event of a disagreement, the (specific parent)'s decision will prevail."

                Maybe in theory it should be joint, but in reality it is not joint at all.
                In reality, it is.



                Originally posted by Janus View Post
                Not flippant. The reality is that it is almost always (and in over 99% of the case law I have seen) in the best interests of a child to be close to a school that is near the primary residence.

                If you are an EOW parent, you had better have a really solid evidence-backed reason against switching schools or it is going to happen. Something along the lines of a unique educational program that is especially well-suited to the child, or a special needs kid that has an exceptionally difficult time with change.
                The reality is the move has been aborted. Without any solid evidence of any unique educational program.


                Thank you everyone.

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