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Parenting Coordinator? Experiences? Terms? Recommendations?

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  • #16
    I suggest you go on canlii and search for contempt motions. Specific to custody, access and section 7 expenses.

    You are also spinning your wheels when you post which is why we say what we do. She will not comply with anything and there is no contempt language you can use. The only thing that can be enforced is money and that is done by you not paying.

    For instance:

    The parties agree that the following expenses are eligible section 7 expenses for split proportionate to income up to and including the children’s last year of high school. House league hockey, dance, counseling. These expenses are not to exceed $2,400 per year in total for all three children. All expenses must be agreed to in advance in writing otherwise the parent incurring the expense will be responsible for the full value of said expenses.


    That isnt great wording but you get the point.

    Your ex isn’t going to get sole custody. It won’t happen. Especially if she is claiming it because you won’t let her move away and incur expenses without consent. Take whatever the judges in your conferences and trail management sessions have said.

    Your main battle will be over what you have to pay in arrears and what you have to pay going forward. Your end goal is to have an order that clearly lays out what expenses you are responsible for, how they are calculated and what happens if she spends without your consent. Period. Nothing else matters.

    Your kids are teens. You don’t need a parenting coordinator. Do some searching on canlii on all the key words in your file and what I said above.

    Comment


    • #17
      Originally posted by rockscan View Post
      I suggest you go on canlii and search for contempt motions. Specific to custody, access and section 7 expenses.

      You are also spinning your wheels when you post which is why we say what we do. She will not comply with anything and there is no contempt language you can use. The only thing that can be enforced is money and that is done by you not paying.

      For instance:

      The parties agree that the following expenses are eligible section 7 expenses for split proportionate to income up to and including the children’s last year of high school. House league hockey, dance, counseling. These expenses are not to exceed $2,400 per year in total for all three children. All expenses must be agreed to in advance in writing otherwise the parent incurring the expense will be responsible for the full value of said expenses.


      That isnt great wording but you get the point.

      Your ex isn’t going to get sole custody. It won’t happen. Especially if she is claiming it because you won’t let her move away and incur expenses without consent. Take whatever the judges in your conferences and trail management sessions have said.

      Your main battle will be over what you have to pay in arrears and what you have to pay going forward. Your end goal is to have an order that clearly lays out what expenses you are responsible for, how they are calculated and what happens if she spends without your consent. Period. Nothing else matters.

      Your kids are teens. You don’t need a parenting coordinator. Do some searching on canlii on all the key words in your file and what I said above.
      PARENTING PLAN PROVISIONS (subsumed in Separation Agreement that was filed with the court)

      Applicant that is suing for sole custody has breached pretty much all of these terms, some regularly and has gone so far as to keep one or more child from regular residency. Tons of evidence - letters and emails.

      YY and XX will remain living separate and apart. XX and YY will each respect the other’s right to live a separate and independent life. XX and YY will not harass or speak ill of each other.

      XX and YY shall share joint legal custody of their children, subject to paragraph mm below.

      The children’s primary residence will be with YY, subject to the Regular Residency Schedule (as Schedule C to this Agreement) and the Holiday and Special Occasion Schedule (as Schedule D to this Agreement).

      XX and YY agree to parent the children in accordance with the schedule set out at Schedule “C” to this Agreement (called the Regular Residency Schedule). XX and YY agree that during the periods when the children are resident with them that they are responsible for their care and in the event that school holidays, child illnesses or other school absences are required that the parent responsible will make arrangements for the care of the child(ren) as the case may be.

      Each party will give the other the right of first option to care for the children if he or she is unable to do so on his or her regularly scheduled time for any overnight period. If the other parent is not available then the regularly scheduled parent is responsible for finding and the cost of alternate care. This paragraph is in no way intended to prohibit a parent from arranging for sleepovers for the children with YY’s mother, other children, relatives, for example.

      XX and YY will at all times maintain a reasonable and flexible position respecting the residency arrangements for the children and at all times the best interests of the children shall prevail. Accordingly, if special occasions, extracurricular activities, holidays, excursions or other opportunities become available to the children, XX or YY, neither XX nor YY shall insist that the residency arrangements set out herein shall be adhered to without exception. That being said however, neither XX nor YY will schedule an event or activity for a child or the children that takes place on the other parent’s time without first obtaining the other parent’s consent in writing or by e-mail.

      The parent residing with the children at the relevant time will make the day to day decisions affecting their welfare, subject to paragraph zz and bb.

      XX and YY will make important decisions about the children's welfare jointly, meaning neither parent can unilaterally make an important decision on behalf of the children, subject to paragraph gg below. XX and YY agree “important” decisions include including decisions about:
      (a) The children’s general non emergency health and well being including medical, dental and psychological health;
      (b) The children’s education,
      (c) Religion and the children’s religious upbringing,
      (d) Changing the children’s current school, school district, doctor or dentist.
      (e) The parenting schedule.
      (f) Registering the children in sports/activities/lessons that take place on the other parent’s time or impact the other parent financially, subject to paragraph zz;
      (g) Any decision having a financial impact on the other parent.
      (h) Any decision having an impact on the other parent’s time.


      Neither party will register the children for activities unless both of them consent to the activity and the cost in writing prior to registering the child, consent not to be unreasonably withheld. If a parent does not object to the activity but is not prepared to pay the cost of the activity or commit his/her time then the other parent may register the child for the activity provided he/she pays the cost and he/she is responsible for taking the child to and from the activity.

      The parties must confer with each other and have good faith discussions on all important decisions (set out in paragraph gg) relating to the children. If, after good faith discussions and reasonable considerations, the parties disagree, YY will have the final say in decisions relating to the children’s schools, provided the school is in the Public Board, and she will have final say in decisions relating to the children’s religious upbringing.

      Disagreements relating to changing the children’s school from a Public School Board (for example changing the children to the Catholic Board or to a private school) and any other decision or disagreements relating to whether a decision relates to education or religious upbringing will be resolved in accordance with the Dispute Resolution Process set out in paragraph mm below in this Agreement.

      XX and YY may both attend all the children’s doctors’ and dentists’ appointments, school functions and activities, parent teacher interviews, sporting events and religious ceremonies in which a child is participating that takes place away from the other parent’s home. The parties also mutually commit to maintaining a positive atmosphere at any such mutual attendance so as to insulate the children from any conflict or negative feelings that may exist between the parents. If one parent makes an appointment for the child (doctor, dentist, parent teacher, principal, etc.) he/she will advise the other parent and the other parent may attend. Neither party will attend a child’s doctor or dentist appointment, or parent teacher interview. Any dispute concerning this clause will be resolved using the Dispute Resolution provision in this Agreement.

      The children’s important documents (such as their health cards, social insurance number cards, birth certificates, passports) will be kept in YY’s home. XX will be provided with up-to-date photocopies and the originals on reasonable request. XX will return the original documents to YY as soon as reasonably possible after his need for them has passed. YY will provide XX with the children’s original health cards if she is away from her residence or unreachable by phone or text while the children are in XX’s care. In this event, XX will return the original health cards to YY when he returns the children to her.

      If a parent proposes to move the children's residence, he or she will give at least 90 days written notice (e-mail constitutes writing) of the proposed move. YY and XX will then review the parenting arrangements. If they cannot agree on the changes, YY and XX will use the Dispute Resolution process set out in this Agreement to resolve the issue.

      XX and YY will share the children’s special and extra-ordinary expenses in proportion to their NDI’s provided each party provides his or her consent to the expense, in writing, in advance of the expense being incurred. Neither party will unreasonably withhold his or her consent. The parties will determine their proportionate shares based on their previous year’s income as set out in paragraph ff below. For example, the parties’ proportionate share for 2014 will be based on their 2013 NDI’s.

      Provided XX is paying YY full table child support, YY shall pay for all costs for the children that are not special or extraordinary including but not limited to:
      (a) Registered programs or activities that are less than $1,800 in total for all children for each period from September 1 to August 31.

      Comment

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