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  #11  
Old 08-23-2018, 02:36 PM
Grenade Grenade is offline
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well the last 2 weeks , on calendar , 5-19 I have had him 5 days, only because they were out of town for 7 days at a 4h show and sale. I did attend 2 part days watching the events for both kids, 1 day was overnight mid week, I have proposed a few schedules and she wont agree to any long term , so I have asked to meet and get some short term , if when a person asks for specific days and is declined for no reason how do you go about getting those days ? Demand ? And if denied then what ? This is the first resistance I have met , we have just been texting week, by week so far. But I want more of a plan and she isn't willing to negotiate on anything, she wants it left to the lawyers and judges, on everything but I disagree and want a schedule.
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Old 08-23-2018, 02:37 PM
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Also I just want to say thank you guys/gals for any input .
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  #13  
Old 08-24-2018, 12:22 PM
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Janus Janus is offline
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5/14 is under 40%, which means full table CS automatically.

What kind of schedule are you seeking? Are you familiar with the 5522 schedule? Week about? Offer a plan and let her say what is wrong with the plan. It is difficult to argue against a 5522 when the other parent is already hovering near 40%, but you have to do it fast.
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Old 08-24-2018, 01:47 PM
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You say you have a lawyer so I don't get why she isn't telling you this, but it's simple:

1) Begin drafting a settlement offer. Make it as comprehensive as possible and include a bulletproof (unambiguous) parenting plan. Take your time with this and don't show it to ex without first running it by your lawyer. You need to know what you want before you even begin to negotiate anything.
2) Fill out your Financial Statement (Form F8). Make sure it doesn't show that you have spare money for the ex to take. Again, don't necessarily show it to ex.
3) This and following steps assume you have been served with a Notice of Family Claim. Schedule a Judicial Case Conference (JCC) ASAP; I'd say even if your settlement offer is not yet crystal clear and comprehensive (maybe you can agree on some of the issues).
4) Be careful what you agree to at the JCC. If you go into it without a lawyer, be 10x as careful.
5) Propose 40% or more for your parenting plan at the JCC. If she agrees to it great, you need to do one of the following:
(i) make a court application for an interim order to get the 40%, or
(ii) go to summary trial, or
(iii) go to full trial.

(i) is the fastest, but you may have to go through (ii) and/or (iii) in addition to it and that will cost you legal fees. If you don't do (i) she will bleed you dry with CS on the long road to trial.
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Old 08-29-2018, 04:43 PM
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Tried doing the settlement offer in the beginning No Go . I kept trying to see what the biggest issue was . She doesn't want to negotiate or tell me what she wants. I have tried several offers of which I thought were fair . But without feedback its a guessing game. She wants to leave it up to the system and its saddening. We are going to trial! I have suggested a parenting arrangement 50/50 many options for this ,Still have no response as to why it wouldn't work ! Sept 11, will be first hearing !
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