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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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  #31  
Old 01-29-2014, 04:27 PM
MS Mom MS Mom is offline
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Quote:
Originally Posted by Serene View Post
Berner Faith you have it correct:


The calendar was created immediatly after the minutes of settlement based on the new access calendar that was consented to. There was much confusion in creating it and we are merely wondering if it CAN be included with the Order that is currently in DRAFT stage on CONSENT of both parties.

The calendar has already been signed by both parties and the principals of each school. I am not debating if it SHOULD be attached. I am asking HOW the wording is to be IF it were to be attached. It would be most prudent to suggest the correct wording should the other party agree to it being attached.

Dad's opinion is that there is merit to having it attached for both parties. However, I'm not prepared to get into that as my intent with this thread was not to debate its merit, but again, to find the appropriate wording.

For those who have referenced "re-arguing the case" no one is suggesting that at all. It is merely providing the visual of the access schedule that was signed by both parties. And if it is a "badly worded" minutes of settlement than a visual will go a long way in assisting the parties in interpreting it. If the minutes of settlement were properly worded then it is the cherry on top
Your concern with the draft agreement you got is that it did not reflect the Minutes of Settlement that was written.

Is attaching this calendar reflective of the Minutes of Settlement that were written?

You shouldn't need assistance interpreting an agreement you just wrote. That's is where the real problem is, isn't it? It's ambiguously worded and now there's concern that you haven't solved the outstanding issues and that problems will continue to exist because the agreement isn't definitive enough?
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  #32  
Old 01-29-2014, 04:43 PM
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This might be helpful. I'm interested in this matter as the appeal process is tied in.

http://rc.lsuc.on.ca/pdf/ht/civJudgm...ealsRoutes.pdf
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  #33  
Old 01-29-2014, 04:56 PM
Serene Serene is offline
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Lots of great information in your PDF Arabian. I'm thinking that having an Order on Consent is different? Meaning that the parties have more flexibility on what can go into Orders on Consent since it is not a judge who gave their decision via endorsements?
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  #34  
Old 01-29-2014, 05:35 PM
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My lawyer once did tell me he can get all the orders I want but enforcing them is another matter altogether. I believe there has been much discussion on this forum about enforceable vs. unenforceable orders recently.

I find the whole thing to be rather exhausting and can't emphasize the importance of having a lawyer. Rules of Court in themselves are complicated and confusing for most of us mortals.
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  #35  
Old 01-29-2014, 05:45 PM
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Quote:
Originally Posted by Pursuinghappiness View Post
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.
Actually she did NOT attempt to answer it. She said that she didn't know, and she didn't think anyone else would. She was correct with the first statement and incorrect with the second. Neither statement was an answer.

Both statements were unnnecessary. Neither she nor you have added anything useful to the thread. If you don't have a calendar attached to your order, then there is no need to participate.
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  #36  
Old 01-29-2014, 05:48 PM
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Serene, I have a two week calendar attached to my order. Our schedule is a bit mixed with a few days where each have one child, so it was difficult to describe clearly in text.

I put the calendar into Excel, and then cut and pasted the table into our motion using the electronic form. I worded it "The children will have the following schedule.." and then came the table, with two weeks for me, and two weeks for my ex. There were no issues with this.
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  #37  
Old 01-29-2014, 06:35 PM
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Quote:
Originally Posted by Serene View Post
We have a four week rotation (each week is different).
The four week rotation is often interupted by holidays, vacations, special days, etc.

We already have the calendar and it is signed by both mom and dad (it was created for the school bus to know where to drop the kids off). Dad is merely suggesting that it be attached to the Order so that everyone is accountable and clear on what is suppose to happen.

And sadly, one party to the case has changed the calendar in the past without the other party knowing or without obtaining their consent. This is fact. We are trying to avoid this from happening again. It may very well be a meek attempt but its our best effort.

I do appreciate your input ByMyself
I am no expert on court orders, but this sounds reasonable to me, as long as mom has already agreed to the calendar (as it sounds like she has, if this is what was provided to the bus company). You may want to put something in the order saying the parties shall agree on a calendar for the upcoming year on or before Dec 15 (or whatever) of the preceding year, following the model for 2014, as long as there are children of the marriage.
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  #38  
Old 01-29-2014, 06:59 PM
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I'm not sure mom and her lawyer will agree to the "shall agree on a calendar for the upcoming year on or before 15 December..." as it really holds mom accountable (and thus far she hasn't really wanted to be lol) but it is worth a shot.

Great advice everyone and thank you so much!
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  #39  
Old 01-29-2014, 07:15 PM
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I guess I'm getting a bit confused. You said the calender was agreed to by both parties and the principal but you also said it was agreed to after the Minutes of Settlement were drafted. I am confused as to the timeline/procedure. Would I be correct in assuming that there was a calendar for the original motion and then it had to be changed because of what ensued in the pre-trial conference? If that is the case then the calendar you propose would be an "amended" calendar reflecting the minutes of settlement correct?

I'm interested because if this isn't an amended version of an original document it might be considered as a new matter not previously addressed in the minutes of settlement. I would be interested to know how it is handled from a legal/rules perspective.

Of course I have no experience whatsoever in these matters (child schedules/calendars).

Last edited by arabian; 01-29-2014 at 07:35 PM.
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  #40  
Old 01-29-2014, 11:18 PM
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Quote:
Originally Posted by Serene View Post
I'm not sure mom and her lawyer will agree to the "shall agree on a calendar for the upcoming year on or before 15 December..." as it really holds mom accountable (and thus far she hasn't really wanted to be lol) but it is worth a shot!
That's the point. If there is no agreed-on schedule by that date, either party can ask that a schedule be set by a judge (or through mediation/arbitration, whatever you prefer).
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