Alright folks, here is the summary of the situation.
Married 3.5 years, separated for almost 1.5 years after a series of false DV allegations, which were eventually resolved when crown dropped the charges.
I have been paying CS from the start & SS after a court order through FRO. The ex was given temporary custody while charges still existed. So far she was fighting tooth & nail to get custody.
Last night the EX called me to advise that she is going to be leaving the country for an extended (unknown) period of time (or permanently) in March 2013 to move back to lalaland, she is going to be leaving our 4 years old son with me and has as such verbally agreed to give me custody.
In light of the new dramatic I am preparing an SA, please help me draft it, specially proper wording & missing clauses.
I need your opinion especially on the following
I am not adding any thing about CS payments from her to me in the SA for two reasons
The current Draft SA.
Married 3.5 years, separated for almost 1.5 years after a series of false DV allegations, which were eventually resolved when crown dropped the charges.
I have been paying CS from the start & SS after a court order through FRO. The ex was given temporary custody while charges still existed. So far she was fighting tooth & nail to get custody.
Last night the EX called me to advise that she is going to be leaving the country for an extended (unknown) period of time (or permanently) in March 2013 to move back to lalaland, she is going to be leaving our 4 years old son with me and has as such verbally agreed to give me custody.
In light of the new dramatic I am preparing an SA, please help me draft it, specially proper wording & missing clauses.
I need your opinion especially on the following
I am not adding any thing about CS payments from her to me in the SA for two reasons
A - I don’t care much about getting money from her
b - I don’t want her to change her decision of giving me custody just because she will have to pay CS.
Could it come back to bite me? If it could, can I (and will I need to) start a new application to get CS from her?b - I don’t want her to change her decision of giving me custody just because she will have to pay CS.
The current Draft SA.
1- Respondent father to have full custody of Child (DOB).
2- Respondent father’s residence to be considered primary residence of the child.
3- Applicant Mother to have access every Wednesday from 4 PM until Thursday 10 AM. Pickups & drop offs to take place at the child’s daycare/school.
4- Applicant Mother to have access every Friday from 4 PM until Saturday Evening 8 PM, Pickup to take place at the child’s daycare/school & drop off at Respondent Father’s residence in the lobby or front entrance or any other location as agreed by the parties in advance in writing.
5- Applicant mother to have access every other weekend from Friday 4 PM until Sunday Evening 8 PM. Pickup to take place at the child’s daycare/school & drop off at Respondent Father’s residence in the lobby or front entrance or any other location as agreed by the parties in advance in writing.
6- If the applicant mother has not visited the child in 180 days, Para 3, 4 & 5 become suspended until a reunion visit has completed.
7- A reunion visit following the 180 days period will be supervised by the respondent father, or another third party to whom the child is accustomed to being with as appointed by the father. The purpose of the first reunion visit would be to reintroduce the child to his mother.
8- Any further access as agreed upon the parties in writing in advance.
9- All child & spousal support payments from the father to the mother terminate from the date of approval of this order.
10- All arrears of support are terminated henceforth, The Director of Family Responsibility office is ordered to stop any further deductions from the respondent father and reversal of such payments if deducted after this order is issued.
11- The applicant forfeits any claim in the remaining household properties henceforth which shall be transferred to the respondent in March 2013 on a mutually agreeable date.
2- Respondent father’s residence to be considered primary residence of the child.
3- Applicant Mother to have access every Wednesday from 4 PM until Thursday 10 AM. Pickups & drop offs to take place at the child’s daycare/school.
4- Applicant Mother to have access every Friday from 4 PM until Saturday Evening 8 PM, Pickup to take place at the child’s daycare/school & drop off at Respondent Father’s residence in the lobby or front entrance or any other location as agreed by the parties in advance in writing.
5- Applicant mother to have access every other weekend from Friday 4 PM until Sunday Evening 8 PM. Pickup to take place at the child’s daycare/school & drop off at Respondent Father’s residence in the lobby or front entrance or any other location as agreed by the parties in advance in writing.
6- If the applicant mother has not visited the child in 180 days, Para 3, 4 & 5 become suspended until a reunion visit has completed.
7- A reunion visit following the 180 days period will be supervised by the respondent father, or another third party to whom the child is accustomed to being with as appointed by the father. The purpose of the first reunion visit would be to reintroduce the child to his mother.
8- Any further access as agreed upon the parties in writing in advance.
9- All child & spousal support payments from the father to the mother terminate from the date of approval of this order.
10- All arrears of support are terminated henceforth, The Director of Family Responsibility office is ordered to stop any further deductions from the respondent father and reversal of such payments if deducted after this order is issued.
11- The applicant forfeits any claim in the remaining household properties henceforth which shall be transferred to the respondent in March 2013 on a mutually agreeable date.
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