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
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
Comment