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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 04-26-2007, 04:07 PM
inlimbo inlimbo is offline
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Default Material change.....having a vehicle?

I still wonder, a clause in an order that says "it may be appropriate to modify the access arrangements in the event of changes such as .......ONE PARTY HAVING A VEHICLE"?

The reason why I have a problem with the wording is that,
1) no access has ever been denied, including midweek. Why link midweek possibility with having a car?
2) one party already has a car
3) I've been in court going 3 yrs and I would hate to return to court out of the wording "one party having a vehicle"

Help me see..why does it seem extremely important to my ex's lawyer that these 5 words remain in the final order ? I am puzzled.

Many thanks,
Inlimbo.
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Old 04-26-2007, 11:18 PM
logicalvelocity logicalvelocity is offline
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inlimbo,

If your not comfortable with the wording, don't agree and strike same from the agreement.

lv
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Old 04-27-2007, 09:54 AM
Decent Dad Decent Dad is offline
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Like LV... never sign anything you are not comfortable with.

I honestly hate these loop-hole within loop-hole clauses. Like, what is the point of it? So either of you get a car, and you go from week on/week off to every 2 weeks on/2 weeks off? Huh? I can't even begin to draw the connection to car and schedule change?

The key to children is flexibility. the SYSTEM though, is all about rigidity, with loop-hole clauses. And those loop-hole clauses are simply a means to more court. Either people do what makes sense... or you get statments like yours above.

BTW, that has to be one of the most ridiculous statements I have seen in a while... "It may be appropriate to modify the access arrangements in the event of changes such as getting a car"

Okay Captain Obvious Lawyer. How about:

"It may be appropriate to change the schedule due to a change in schedule"

There... please pay me $250.
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Old 04-27-2007, 09:57 AM
Decent Dad Decent Dad is offline
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BTW, the Divorce Act and Family Law Act already includes a Material CHange clause. Usually in agreements you simply re-state it...

"..... will also be variable in the event of a material change in circumstances, foreseen or unforeseen, foreseeable or unforeseeable. Each party will promptly notify the other in the event that they experience such a change."
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Old 04-27-2007, 10:21 AM
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FL_Needs_To_Change FL_Needs_To_Change is offline
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Ditto, I echo the comments of Decent Dad. A simple all inclusive statement about material change should be sufficient to cover future changes in scheduling etc.

FL
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Old 04-27-2007, 10:57 AM
inlimbo inlimbo is offline
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Default ohhhh! I feel better!

Thanks to you all !
You each have an excellent way to bring issues into perspective. At least I now know that I am not mad!
I will not agree to this line.
Again, thank you!!!!!

Inlimbo.
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