Hello there. Hoping I can get some help on a tricky situation that has popped up.
I am father of two boys (10 & 8), and have primary residential custody of them. I have lived in Kitchener since the agreement was in place and their mother resides in Mississauga. Agreement states that she has the kids every second weekend and 2 nights per week. For weekday access she is to provide transportation. In the past three years she has not exercised her right to see the kids ONCE during the week claiming she has no one to drive her (she lost her license years ago for DUI and has not bothered to get it back). So essentially she has only seen the kids every second weekend for 3yrs.
We recently moved back to Mississauga so that the kids could be closer to their mother and she has for the past two weeks exercised her right to see them during the week. Problem is, when we created the agreement, we screwed up the wording and no one picked up on it. We have two points that contradict each other:
1) Mother shall have access to the children every 2nd weekend and 2 nights per week.
2) During the week prior to her weekend she shall have access Mon and Wed. The week after her weekend, access will be Tue & Thu.
3) Weekends will run from 5pm Fri to 7pm Sun.
So now, this states that on her Mon/Wed week, she actually has them THREE nights per week. Mon, Wed, Fri. We've gone from me having primary residential custody to SHARED custody. 50/50.
Is there anything I can do here. It's not that I don't want my kids to see their mother, far from it, but they are complaining that they don't want to go there so much and we are concerned that the original issues that resulted in my being awarded custody might resurface. We would rather keep it at two weeknights nights period.
Secondly it is having a serious effect on their two baby siblings (kids from my current marriage).
This is a drastic change and I wanted to know if I have any recourse to get the order changed to reflect 2 nights per week only.
We also have the feeling she will now go after child support as she can't ever hold a job down. I know with shared custody, the higher earner has to pay, but this is a bit of a weird situation.
Court order states "Joint Custody" and also states that "Father will have primary residential custody". The wording for the days is a mistake and an oversight. Can anyone share with me their thoughts on what the outcome would be if I took this to court, taking into account she has not exercised her right to see the kids during her entitled weeknight access for over 3 years?
Appreciate any help.
J
I am father of two boys (10 & 8), and have primary residential custody of them. I have lived in Kitchener since the agreement was in place and their mother resides in Mississauga. Agreement states that she has the kids every second weekend and 2 nights per week. For weekday access she is to provide transportation. In the past three years she has not exercised her right to see the kids ONCE during the week claiming she has no one to drive her (she lost her license years ago for DUI and has not bothered to get it back). So essentially she has only seen the kids every second weekend for 3yrs.
We recently moved back to Mississauga so that the kids could be closer to their mother and she has for the past two weeks exercised her right to see them during the week. Problem is, when we created the agreement, we screwed up the wording and no one picked up on it. We have two points that contradict each other:
1) Mother shall have access to the children every 2nd weekend and 2 nights per week.
2) During the week prior to her weekend she shall have access Mon and Wed. The week after her weekend, access will be Tue & Thu.
3) Weekends will run from 5pm Fri to 7pm Sun.
So now, this states that on her Mon/Wed week, she actually has them THREE nights per week. Mon, Wed, Fri. We've gone from me having primary residential custody to SHARED custody. 50/50.
Is there anything I can do here. It's not that I don't want my kids to see their mother, far from it, but they are complaining that they don't want to go there so much and we are concerned that the original issues that resulted in my being awarded custody might resurface. We would rather keep it at two weeknights nights period.
Secondly it is having a serious effect on their two baby siblings (kids from my current marriage).
This is a drastic change and I wanted to know if I have any recourse to get the order changed to reflect 2 nights per week only.
We also have the feeling she will now go after child support as she can't ever hold a job down. I know with shared custody, the higher earner has to pay, but this is a bit of a weird situation.
Court order states "Joint Custody" and also states that "Father will have primary residential custody". The wording for the days is a mistake and an oversight. Can anyone share with me their thoughts on what the outcome would be if I took this to court, taking into account she has not exercised her right to see the kids during her entitled weeknight access for over 3 years?
Appreciate any help.
J
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