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Orders and attaching calendars

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  • Orders and attaching calendars

    Curious if anyone has an Order that has an attached calendar that spells out access to each parent (access is also written within the Order but since it is a multi week schedule, for clarity and since the calendars already exist - why not attach them?).

    If so, what would the appropriate wording be to attach these calendars?

  • #2
    Originally posted by Serene View Post
    Curious if anyone has an Order that has an attached calendar that spells out access to each parent (access is also written within the Order but since it is a multi week schedule, for clarity and since the calendars already exist - why not attach them?).

    If so, what would the appropriate wording be to attach these calendars?
    Clarification for whom?

    Comment


    • #3
      Whomever requires it - the school, the parents, etc.

      Many people have a simple two week repeatable schedule, some have a multi week schedule - is it week 1, week 2, week 3, week 4?

      Comment


      • #4
        A calendar is a good idea to inform the school, etc. But, presumably the other parent was a party to the minutes of settlement and is aware of the schedule and therefore shouldn't require a calendar - and in fact may have prepared one of her own.

        If the order is that ambiguous to require a calendar for the parent's clarification then the order isn't very comprehensive.

        You can't ammend the court order. Attaching anything to it other than documents that say, in the court order "hereto attached" is probably not a good idea.

        Comment


        • #5
          Thank you MS Mom but I still would like to know if others have done this and if so what the wording is.

          Comment


          • #6
            Originally posted by Serene View Post
            Thank you MS Mom but I still would like to know if others have done this and if so what the wording is.
            I'm trying to tell you, nicely, that I highly doubt others would have done this.

            I've read countless highly contested orders, not one has included a calendar for clarification for anyone.

            If you include a calendar, you better include every month until the child reaches 18. Court orders aren't written with the presumption of change. They're written with the presumption of permanance. That's why it's a final order.

            I think what you're hoping to hear is "yes, what a fantastic idea. now mom will definitely get it "straight". you just go down to the courthouse and knock on the door of the judge ..."

            Comment


            • #7
              I think what you're hoping to hear is "yes, what a fantastic idea.
              MS Mom...I feel its my civic duty to inform you that you are engaging in an exercise in futility....lol.

              Just start every answer with "yes you are 100% right and you should control everything"....it will save you some typing.

              Comment


              • #8
                Originally posted by Pursuinghappiness View Post
                MS Mom...I feel its my civic duty to inform you that you are engaging in an exercise in futility....lol.

                Just start every answer with "yes you are 100% right and you should control everything"....it will save you some typing.
                I know I know. Thanks for kicking my ass PH. Done.

                Comment


                • #9
                  Originally posted by Serene View Post
                  Curious if anyone has an Order that has an attached calendar that spells out access to each parent (access is also written within the Order but since it is a multi week schedule, for clarity and since the calendars already exist - why not attach them?).

                  If so, what would the appropriate wording be to attach these calendars?
                  Quite common that this is done.

                  For example, details of 2-2-3-3 and 2-2-5-5 access schedules often are included or attached to an order. Justice Czutrin regularly attaches calendars (literally a photo copy of a word calendar) where he spells out the access times and exchange times and locations.

                  You just reference the attached schedule by letter... The custody and access will be defined as outlined in schedule "a". etc...

                  Comment


                  • #10
                    I currently have a few draft Orders waiting for opposing counsel to endorse in accordance with the Rules of Court. If opposing counsel finds some gross error in the draft orders then of course my lawyer would agree to and make the revision.

                    If opposing counsel sends back a response demanding changes, deletions or additions to the draft order my lawyer will, as usual, go directly to the judge and have the draft Order entered into court and request costs.

                    As my lawyer is an Officer of the Court he is duty bound to produce an accurate Order reflecting the decision rendered in court. This is not an opportunity for opposing counsel to vary the Order or retry the issue.

                    Comment


                    • #11
                      Here we go again... MS Mom and Pursuinghappiness... do you teach your kids to bully like that too? Lovely that we all get to be a part of this.

                      I turned to this forum, like many others, to gather information, bounce ideas off others, and learn a little.

                      Yes, unwanted opinions are a part of posting on a public forum. But, in my opinion, these kind of actions and comments are unwarranted, and must scare away a lot of people who want to post their questions.

                      This kind of behaviour posted above just detracts from the usefulness of this forum. It is rather tiring, to be honest.

                      Serene has a valid question, and from what I have read, has honest intentions. Is is very apparent that others do not agree with her position as an involved step parent. You have made your points.

                      This behaviour needs to be addressed by the moderators and the forum owner. It keeps happening again and again, and should be dealt with.

                      Sorry, just getting sick of reading all this stuff.

                      edit...

                      And thank you, Tayken, for a valid contribution towards getting this back on track.

                      Comment


                      • #12
                        Originally posted by MS Mom View Post
                        I've read countless highly contested orders, not one has included a calendar for clarification for anyone.
                        I have read hundreds. Remember, what is posted to CANLII often doesn't outline the full order. They are decisions and not "orders" per-say.

                        I have read well over 200 cases end-to-end that include custody and access evaluations (OCL/Section 30).

                        In temporary order situations they are quite common. In fact, Justice Czutrin orders specifically that the calendar is to be maintained 6 months in advance and via OFW:

                        Case on point:

                        L.L. v. M.C., 2012 ONSC 3311 (CanLII)
                        Date: 2012-07-19
                        Docket: FS-08-00340601-0000
                        URL: CanLII - 2012 ONSC 3311 (CanLII)
                        Citation: L.L. v. M.C., 2012 ONSC 3311 (CanLII)

                        Scheduling

                        20. The schedule shall be plotted on a calendar for this year and six months forward, which must be posted on Our Family Wizard. Any dispute shall be at first mediated through the mediation services at the court, failing which I will rule on any issue for the first calendar only.
                        I would advise the OP to review this case law on how to properly apply the methodology of a calendar and how to have one implemented.

                        Good Luck!
                        Tayken

                        Comment


                        • #13
                          Thank you very much Tayken. I do recall seeing mention of calendars on several CanLII cases, but like you said, you don't get to see the full Order and how it was addressed within.

                          Comment


                          • #14
                            I don't think MS Mom bullied anyone. She attempted to answer the question the OP posed. I was simply pointing out that this particular OP doesn't listen to answers she doesn't like....and I posted it to MS Mom, not to the OP.

                            If you don't like my responses, please feel free to hit ignore. As far as I know, there is no mandatory requirement to read anyone's material here.

                            Comment


                            • #15
                              You have a 4 week turn around access schedule, correct? Maybe just focus on that four week schedule to include in your order, as that should last until the order is changed.

                              I find it helpful to, at the beginning of each year, send an email outlining my interpretation of all the holidays, birthdays, etc. allowed for in the access schedule for that year. With provisions for alternating access year to year, split holidays, etc., there is opportunity for honest confusion. Taking an hour to spell it out in writing ahead of time, could eliminate several opportunities for conflict over the coming year.

                              Comment

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