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  • Standard agreement clauses.

    What are some of the standard clauses I should include. For sole custody and access to dad??

    I mean we have an agreement already but clearly dad isn’t following it.

    I want something reasonable but not dictating like what they gave me.

    Even what is the college clause about school so it can be fro enforceable.

    Any suggestions would be appreciated on all fronts.


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  • #2
    Here are some of my clauses- in this case

    Respondent = Mom
    Applicant = Dad


    General Custody

    The Respondent shall have sole custody and primary residence of the child of the marriage, namely, [insert names and birthdates] and shall have the authority to make all major decisions regarding the child’s healthcare, education, religion and welfare.

    The Parties shall notify each other of all material matters concerning the child through Our Family Wizard.

    The Respondent shall provide the Applicant with a notarized copy of the child’s OHIP health card and birth certificate.

    Both parties shall be entitled to communicate directly with the child’s teachers, caregivers, physicians, dentists, and other health care providers concerning the general well-being of the child and shall execute consents or authorizations to permit such disclosure.

    Each party shall have access to the child’s health and school records and any information regarding the child’s school activities, medical and dental reports, and any other treatment provided to the child from any third party, individual or institution having such information and shall execute consents or authorizations to permit such disclosure.

    For routine medical and dental appointments, the parent whose parenting time the appointment date falls on, shall take the child to the appointment. The other parent shall not attend unless permission is sought and received from the parent responsible in taking the child to her appointment. Except for emergency medical treatment, the Applicant shall not be permitted to take the child to any other health care provider or counsellor, without the prior consent of the Respondent. The Respondent shall notify the Applicant in writing, through notice on the calendar function of Our Family Wizard prior to any medical or professional appointment scheduled for the child, no later than three business days after the appointment is scheduled and provide full particulars immediately after the child has attended for the appointment. If the appointment takes place during Applicant’s parenting time, the Applicant shall notify the Respondent of same. The Respondent shall not schedule an appointment for the child on the Applicant’s parenting time without prior notice and the Applicant’s consent. The Applicant may increase his parenting time by four (4) hours on dates where appointments fall during his parenting time. However the end of the Applicant’s parenting time on these appointment days shall be no later than 7:00 pm if it is otherwise not his parenting time with the child. The parties may mutually agree to vary this clause on a case by case basis.

    Communication with either parent

    The Parties agree that D3 shall have unlimited access to communicate with either parent whenever she chooses. Given D3's tender age, the Applicant may call or videochat with D3 once a day after school, and before 8:00pm, on any day outside his parenting time. During the Applicant’s parenting time, the Respondent shall be allowed to call or videochat with D3 during any parenting time lasting longer than eight (8) hours, once per day. During vacations lasting longer than 2 days, each Party shall ensure that arrangements are made to have D3 speak to the other parent at minimum once every two days.


    Holiday Schedule

    D3 shall be with the Respondent each Mother’s Day from 10:00 a.m. to 7:00 p.m., and the balance of the weekend, if it is not otherwise the Respondent’s day.

    D3 shall be with the Applicant on Father’s Day from 10:00 a.m. to 7:00 p.m. (or drop off at school Monday morning if after March 2022) if it is not otherwise the Applicant’s day.

    March Break: Starting in 2022, in even numbered years the Respondent shall have D3 from the last day of school Friday, after school or 3:30 p.m. otherwise, to the following Saturday at noon (i.e. eight days) and the Applicant shall have the child from Saturday noon to drop off at school on Monday morning. In odd numbered years this pattern shall be reversed, with the Applicant having the first eight-day block of time.
    The Parties agree that they will continue with the regular schedule in March 2021, excepting that the Applicant will have on additional overnight with D3 to be included in the weekend preceding the beginning of the March break, or as mutually agreed upon by both Parties. There will be no change to the parenting schedule for March 2020.

    Christmas Break: Starting in December 2021, the total number of days over the winter/Christmas break shall be divided equally between the parties. As part of the even division of the annual school break, in even numbered years D3 shall be with the Respondent from December 24 at the end of the school day if D3 attends school or 10:00 am otherwise, until December 26 at noon; and she will be with the Applicant from December 26 at noon until December 28 at 6:00 p.m. In odd numbered years those core times shall be reversed. Whichever parent is not scheduled to have D3 overnight on Christmas Eve shall have their first choice as to how the remaining days of the Christmas school holiday are divided, provided that the overall division of time shall be equal, and provided that the selection of times is communicated in writing no later than November 1st of the calendar year.


    Easter Break: beginning in 2021 in even numbered years D3 shall be with the Respondent from Thursday after school until Saturday at 6:00 p.m. and the child shall be with the Applicant from Saturday at 6:00 p.m. until Monday at 6:00 p.m. (or the Tuesday morning drop off to school if after 2022). In odd numbered years this shall be reversed.

    Thanksgiving: beginning in 2021 in odd numbered years D3 shall be with the Applicant from Sunday 10:00am to Monday at 6:00pm. (or Tuesday morning at school drop off if after 2022), and in even numbered years this shall be reversed.

    Halloween will not necessitate a change in the regular schedule unless agreed to in writing by both parties.

    Summer Break: Commencing on July 1, 2022, each party shall have D3 for a seven day period in July and a seven day period in August (not to be combined with any adjacent block of time the party would otherwise be entitled to). In even numbered years the Respondent shall have first choice of their weeks, provided they communicate that choice in writing by April 1st, failing which the other party shall have their first choice of weeks. In odd numbered years this formula shall be reversed.

    Beginning on January 1, 2021, the Parties shall follow the regular parenting schedule on long weekends, if not set out above, except that the parent with care of D3 for the preceding weekend shall keep D3 in her/his care until return to school/camp on Monday afternoon at 5:00pm (or Tuesday morning at school/camp drop off if after March 2022). For example, if the Civic Holiday falls on the Applicant’s weekend, D3 shall remain in the Applicant’s care for the full weekend until Monday at 5:00pm (or drop off at school on Tuesday morning if after 2022).

    Comment


    • #3
      You are never going to settle on a college clause that is enforceable because you don’t know how much it will be or what the circumstances are.

      I would simply put in there that 1/3 will go to the child and the remaining 2/3 split proportionate to income less the joint RESP money you have.

      Comment


      • #4
        Child Support


        Commencing September 1, 2019, the Applicant shall pay the Respondent Table child support for the child of the marriage, namely, D3 and birthday, in the monthly amount of $X based on his 2018 income of $X, to be varied annually based on financial disclosure.

        On or before June 1 of each year, beginning in 2020, the Parties shall exchange their T1 Tax Return and Notice of Assessment from the Canada Revenue Agency for the prior calendar year, via email and in a clear legible format [aside- my ex likes to take illegible photos on his phone and send them to me]. The Parties shall use this information to adjust child support payable, including both the Table Amount and the proportionate sharing of D3's special expenses, by July 31 of that year.

        Commencing September 1, 2019, the Applicant shall pay 40% of the D3's special or extraordinary expenses, which expenses include:
        (a) D3's Montessori school tuition for the school years of 2019-2020, 2020-2021, and 2021-2022 (September- June inclusive); including school uniforms, school lunches, school trips, March Break and all summer camps;
        (b) two extra-curricular activities, the annual of costs of both activities not to exceed $2,000 per year;
        (c) D3's nonprescription medicated creams as recommended by her pediatric dermatologist;
        (d) D3's non-insured medical and dental expenses;
        (e) D3's before and after school care.

        Section 7 expenses, aside from those listed above, must be on consent.

        Where possible, the parties shall each pay his or her proportionate share of a special or extraordinary expense directly to the service provider. The parties must both agree to such a payment arrangement. Failing which, the Respondent shall pay the full cost, and the Applicant shall reimburse the respondent for his proportionate share of the cost of the extraordinary expense within 5 business days, upon receipt of proof of payment and a copy of any receipts. Where direct payment is not possible, the Respondent shall keep and provide a copy of all receipts associated with these activities and submit them to the Applicant after payment. The Applicant shall provide payment to the Respondent within 5 business days .

        Child support ends for D3 when she ceases to be a “child of the marriage” as defined by the Divorce Act, R.S.C. 1985, c. 3. For clarity, each party shall be responsible for their proportionate share, treated as a section 7 extraordinary expense, of D3's post secondary education or vocational training, up to one post-secondary degree or diploma. Post-Secondary expenses do not require the consent of both Parties, as contemplated in section (#) above.

        Child support shall be variable, on consent of both Parties, in the event of a material change in either Parties’ income. Whoever seeks the change will give the other Party, in writing:
        (a) Notice of the proposed change
        (b) Evidence supporting the proposed change; and
        (c) Any request for information necessary to determine the issue.

        The support payor shall notify the support recipient of an increase in salary or income of more than 5% within 30 calendar days of the receipt of notification of the increase of salary from his or her employer. Child support amounts must be adjusted accordingly within 60 calendar days of notification of same.

        If the parties cannot mutually agree to the proposed change in child support, either Party may seek an order of the court to deal with same.

        Both parties shall maintain the child as beneficiary of his/her extended health, medical and dental coverage through his employment for as long as it is available to him. As the Respondent’s birthday is before the Applicant’s, the Respondent will submit any claims, not covered by government funding, to her insurer for coverage. Any amounts above the coverage of the Respondent’s insurance shall be submitted through the Applicant’s insurer. The Applicant shall submit receipts given to him by the Respondent within 5 business days to his insurer and immediately (within 48 hours of receipt) endorse the reimbursement cheques from the insurer to the Respondent and deliver the full payment to her. Medical and dental expenses not fully covered by either the Respondent’s or Applicant’s extended insurance are special or extraordinary expenses and shall be paid according to the section (#) above.

        Comment


        • #5
          Thanks Iona!! This is great!! I will use some of this stuff for sure!!


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          Comment


          • #6
            So another interesting clause...

            Each party will notify the other party of of any planned bday parties for children that are in public location 72 hrs prior and other party is entitled to attend? This is insane? Is this actually for real?? Haven’t seen this in any Canlii cases.


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            Comment


            • #7
              Or in the even the children are ill and can’t attend school?? I am to ask respondent first before making other arrangements?

              I know like previously said. How could these things be enforceable.


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              Comment


              • #8
                They are getting into the weeds. That’s where the “the mother will make day to day decisions for the children” clause comes into play.

                That clause is completely unreasonable. He lives out of town. If one of the kids is sick he is going to take the day off, come get them, drive them to his house, care for them and then drive them home at 5? No, so stop worrying about that one.

                Almost every one of the clauses they put in their offer was probably taken from his gf’s agreement. Its too detailed and screams of her settlement.

                Like everyone says, stay out of the weeds. If you have primary residency and he lives out of town there are limits on what he can and can’t do. Don’t put those clauses in. You have custody and the kids reside primarily with you. Period. All the stupid stuff like you can’t give them food at hockey when its his time is bullshit. Ignore it.

                Comment


                • #9
                  What is the clause for life insurance to secure child support if a parent passes away?

                  They offered that the insurance is left to the kids to be split. That would end up being paid into court intil they are 18? That doesn’t help with child support. ??


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                  Comment


                  • #10
                    Originally posted by Mom 2 Two View Post
                    What is the clause for life insurance to secure child support if a parent passes away?

                    They offered that the insurance is left to the kids to be split. That would end up being paid into court intil they are 18? That doesn’t help with child support. ??


                    Sent from my iPhone using Tapatalk


                    I will send you something. Its pretty standard...hold x dollars in insurance, designate the children as beneficiaries, not borrow against the policy, set out in the will that the estate is to pay out remaining policy etc.

                    Comment


                    • #11
                      I wouldn't write essay like clauses. Keep it simple.

                      Standard clause to add to such an order would be:

                      mother will have meaningful consultation with father prior to making any major decisions.

                      Mother to inform the father of all major decisions providing full particulars.

                      Father allowed to obtain information from all 3rd parties directly absent of mother's consent.Mother to provide consent if required.

                      Each parent will be responsible for day to day decisions impacting the child on their parenting times.

                      Mother not to relocate with children without the father's consent or permission from the courts.

                      Parents will not travel with child absent of travel consent. Neither party to unreasonable withold consent
                      Or child's passport.

                      Mother to keep child's passport and health card up to date and provider father with copies or originals upon request. Father to return once he is done with them.

                      Neither party shall schedule activities during the other parents time.

                      Special or extra ordinary expenses must be agreed upon by the parties in advance. Neither party to unreasonably withold consent.
                      Last edited by tunnelight; 08-24-2019, 06:07 PM.

                      Comment


                      • #12
                        Standard agreement clauses.

                        Thanks!! I think I have those covered ...

                        The consent one is funny... as I have already given consents prior to this..

                        I made it so both parties could get information on the kids. Most places I have consents to said they are not needed as a father/mother has always has the right to have info on their child. Family dr said the same. I guess my concern is if dad takes kids to therapy.. will I be able to get updates from therapist? That’s why I want it both ways.

                        My ex’s offer if all about what I must do... none of what he can or will do... so I tried to make it read that both parties shall...


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                        Last edited by Mom 2 Two; 08-25-2019, 06:21 AM.

                        Comment


                        • #13
                          Originally posted by Mom 2 Two View Post
                          . I guess my concern is if dad takes kids to therapy.. will I be able to get updates from therapist?
                          He can't do that as it is a major decision. Yes, you can get updates as a custodial parent.

                          Good on you for being the "kind and sweet" type of girl here and only seeking updates if he does make such a major decision as opposed to lashing out like a crazy emotionally unstable bitch !

                          Comment

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