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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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  #1  
Old 07-01-2006, 06:43 PM
Duped Duped is offline
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Default Editing, reviewing and inclusion help needed.

I am currently not happy with the minutes of settlement that my Lawyer has provided to me, I am looking to seek advice on editing, reviewing and the inclusion/exclusion of content to my revisions.

If their is something that I might include, feel free to express yourself. I would appreciate any assistance in the wording or any other aspect of this document.

My apologies for the length.

Revised
Minutes of Settlement

1. The parties shall share joint custody of the child (Child's Name), born (Child's DOB).

2. Except as otherwise provided herein, the child shall spend alternating one week periods with each parent, with the change over from one home to the other to occur on Sunday at 6:30 pm with the exception of long weekends where the change over will occur on Monday at 6:30.

3. The alternating one-week schedule will be suspended during the summer months of July and August of each year and shall be replaced with an alternating two-week schedule in order to permit each parent to spend an extended holiday period with the child.

4. Each party shall instill in the child a positive attitude towards the other party. Further, each party shall refrain from speaking in a derogatory manner about the other party with or in the presence of the child and neither party shall discuss this case or the parenting methods of the other party with or in the presence of the child.

5. The parties will endeavour to ensure that the child follows a relatively similar schedule at each home, in terms of bedtime, homework, etcetera, with an allowable variance for an obvious difference in parenting methods.

6. The parties will give the needs and convenience of the child primary importance and will give their own needs and convenience only secondary importance.

7. The parties will make their best efforts to keep each other fully informed of all matters touching the interests of the child, including health, education, religion, and extracurricular activities and they will confer as often as necessary to resolve any difficulties raised by or on behalf of the child.

8. Each evening, the party without the child shall be entitled to speak to the child at least once before the child’s bedtime except where not logistically possible.

9. The child shall continue to attend a French Catholic School as to be determined by the courts or agreed upon by both parties in writing.

10. Each party shall have a right to discuss, seek advice and/or assistance pertaining to the welfare of the child with the child’s medical caregivers, teachers, religious leaders, and/or any person from which consult is needed without interference from the other party.

11. The parties will ensure that the child continues to participate in extracurricular activities and the parent with whom the child is staying shall be responsible for transporting the child to and from those activities.

12. The parties will endeavour to reach an agreement as to the child’s extracurricular activities, but in the event of failure to do so, either party may use his or her best judgment in exposing their child to those activities.

13. If the child wishes to and has the consent of either party to participate in an activity or activity program, regardless of the custody schedule, both parties will make every reasonable effort to see that the child’s wishes are fulfilled.

14. Each party shall be free to attend, observe and speak with the child during the child’s extracurricular activities.

15. Neither party will sign a permission slip or register the child in a curricular or extracurricular activity that is occurring solely on the other party’s period of custody without first having the approval of the other party.

16. Each party will be responsible for a percentage amount based on income of the costs of the child’s extracurricular activities, except in the event that one party wishes to bear all costs or where the parties do not agree with the activity.

17. During the summer months of July and August of each year the parties will make all arrangements and concessions to allow the child to attend at least one summer camp program unless otherwise agreed upon.

18. The child will spend each father’s day with the applicant and each mother’s day with the respondent from 10:00 am to 6:30 pm when the respective party does not have custody.

19. The parties will share Christmas Day; the party with whom the child is not residing will have the child from 1:00 pm to 6:30 pm when the child is to be returned except where Christmas Day falls on a Sunday whereby the return of the child will not be necessary.

20. Each party will endeavour to provide the other with advanced notice of any plans to travel outside of the District of (our city) with the child and shall provide an address and telephone number when possible where the child can be reached.

21. The applicant will have an extra 12 weeks of custody as compensatory time in replacement for the time unjustly taken away from the child and applicant by the respondent; this time is to be distributed at no less than one week and no more than two weeks per calendar year and is to be arranged with the respondent at least two months in advance. This compensatory time is not to occur during holiday periods or concurrently unless agreed upon in advance.

22. The respondent will pay retroactively to January 1st, 2006 child support as determined by the shared custody provisions of the child support guidelines to the applicant, to be reviewed and adjusted annually.

23. Until such point as the respondent has a true full years income to report, child support will be based on the respondents base salary of that year.

24. The parties will exchange their income tax returns and/or notice of assessment and/or re-assessment annually, by June 1st of each year, beginning with their documentations for the 2005 tax year.

25. Child support will be payable until the child’s graduation day of the last educational level achieved, unless deemed unnecessary, alternate arrangements in writing are agreed to or the court orders it.

26. Each party will be responsible for their own costs with the exception that the respondent will be responsible for 50% of the applicant’s legal costs for the period from August 13th, 2005 to Dec 4th, 2005 payable at the signing of this document.

27. This document after signing may be added to, detracted from or changed only by both parties and/or their respective legal representatives in agreement after the fact. All changes to this document will require the signatures of both parties and at least two witnesses (non-family members only) and is required to be re-dated when changed.

(signatures and date)

I thank you all for your help

Duped
  #2  
Old 07-01-2006, 09:59 PM
logicalvelocity logicalvelocity is offline
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Duped,

your minutes appear to be quite good.

Some thoughts to think about

The one clause I would add is that the child's property, toys, clothing games, books, etc; The child should be able to move these belongings between the homes, Each parent shall take steps to return belongings to their originating location when the child is finished with them.


Each parent should be able to hold the child's property such as OHIP card, passport, birth certificate. The OHIP card should travel with your child.


You may want to add a clause for special occasions such as weddings, funerals, family reunions etc, For these important dates, Both parent's should be able to switch with the other so the child can attend these important family events.

The other clause you may want to think about is, when the child is ill. Some people believe that a child's contact should not occur when a child is ill. However, this only sends a message to the child that one specific parent is capable to look after the child.


Another thing you may want to add, is for dispute resolution. Mandatory mediation etc before proceeding to the courts.

lv
  #3  
Old 07-01-2006, 11:34 PM
Duped Duped is offline
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Default Updated.. Again...

I have add the following paragraphs...

21. The child’s residence is not to be moved out of (City Name).

22. The child will have exclusive control of his belongings with respect to which of his two places of residence he will have certain things at; items such as toys, clothing, games, books, movies, etcetera. Each parent shall take steps to return belongings to their originating location when the child is finished with them.

23. In the event of special occasions such as weddings, funerals, family reunions etcetera, both parties will make their best efforts to ensure that the child is in attendance for these events even if it means switching custody for a given period of time or arranging for the child to attend the event between certain hours or days depending on the circumstances.

30. In the event of an irresolvable issue arising in the future, dispute resolution is to be sought first through mediation and only upon that failing will proceedings be brought to the courts.

The issue of the health card and other papers has already been dealt with, with a child, it is acceptable to have a photocopy, there is no passport, and we each have a copies of the rest. Transporting these things and transfering them continuously on an alternating week basis only leads to loosing them.

Thanks for the suggestions logicalvelocity, that is exactly what I am looking for. I would be really interested to hear what Jeff thinks and if he has any suggestions.

Thanks

Duped
  #4  
Old 07-02-2006, 12:11 AM
Grace Grace is offline
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Hey Duped,

I would be happy to e-mail you a copy of a sample Separation Agreement from the Law Society if you provide me with your e-mail address. It is very detailed and written in legal ease. Maybe by going through that you can catch anything that you feel has been left out of your agreement.

Or simply use it as a reference.

Grace
  #5  
Old 07-02-2006, 12:44 PM
Duped Duped is offline
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Default another update..

'Thanks be to Grace' for I have edited or added the following;

8. Each evening the party without the child shall be entitled to speak to the child at least once before the child’s bedtime except where not logistically possible. The child shall have free unencumbered access to the telephone at all times to call the other parent and will be given full privacy and non-interference.

9. Given that it is in the best interests of the child to spend time with the other parent rather than with a third party, the party without custody will have the right of first refusal when child care is needed. If the other party cannot care for the children or cannot be reached, the party requiring child care will make the arrangements at his or her own expense.

17. Each party will be responsible for a percentage amount based on income of the costs of the child’s extracurricular activities, special and/or extraordinary expenses, except in the event that one party wishes to bear all costs or where the parties do not agree with the activity or event.

23. The parties will not change the child's name without the other's written consent.

24. Neither party shall apply for or be in possession of a passport for the child without the express written permission of the other party.

That's it for now, will add more later, as always if you got two cents to through in, just do it.

Thanks again Grace

Duped
  #6  
Old 07-02-2006, 04:36 PM
logicalvelocity logicalvelocity is offline
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Duped,

the other thing to think about is the use of the word "custody". In reality neither parent gives up custody and each have coextensive custody of the child at all times or what appears to be be dominant in your minutes is somewhat a "Parallel Parenting Regime"

periods of "Care and control of the child is a good term use

lv
  #7  
Old 07-03-2006, 11:22 PM
Duped Duped is offline
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Default Yes in theory

Our order is for joint shared custody and we have a recomendation from the children's lawyer for no contact, that is other than to see the other at drop off time only without conversing.

In theory we are Parallel Parenting, however we do it on a serial basis, one after the other, without interferrence, a clause in the first order that was necessary.

thanks for the suggestion logicalvelocity, I will use it in a few spots.

I am still looking for more suggestions, perhaps others have found through error that there was something that they wished they could have had in their agreements.

Thanks

Duped
  #8  
Old 05-27-2011, 05:13 PM
atlanticcanadian atlanticcanadian is offline
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Default Good luck

I agreed to some things to my settlement that my ex's lawyer did up. Left me for one of his many affair partners, only to be told I am accepting the whole thing.
  #9  
Old 05-28-2011, 04:42 PM
dinkyface dinkyface is offline
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How about easter and march break?

Other parent will not unreasonably withhold permission to apply for passport.

Who will hold the passport? Who will apply? Who will pay the application fee?

If international travel is planned, the other parent will provide a notarised travel consent letter (using the form recommended by Foreign Affairs Canada) within 10 days of the travel request. The travelling parent will receive the passport at least 10 days before the departure date, unless the other parent requires the passport for other travel.

Not so sure about the mediation thing. It takes a long time to find someone and get going, and if you are comfortable self-representing, it is a lot more expensive than court. If you want this, indicate if this mediation will be open or closed, and whether both parties consent to giving the mediator power to make binding decisions i.e. arbitration (which is a very different process than mediation).

If one party wishes a change to the normal schedule, 7 days notice is required.

Last edited by dinkyface; 05-28-2011 at 04:50 PM.
  #10  
Old 05-29-2011, 09:19 AM
walshch walshch is offline
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5 yr old thread.
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