So this is right from my Ex’s Minutes of Settlement (with names redacted).
Decision-Making
9. The Applicant shall have sole decision-making responsibility and shall make important decisions about the child’s welfare, including decisions about the child’s health, education, culture, language, religion and spirituality, and significant extra-curricular activities.
10. The Applicant’s sole decision-making responsibility shall be subject to the Applicant’s positive obligations to:
a. keep the Respondent continuously informed about the child’s development, with particular regard to the important decisions she makes as described in paragraph 9;
b. consider but not necessarily implement input provided by the Respondent with respect to such important decisions;
c. promptly notify the Respondent should the child require emergency medical care, hospital admission, or surgical procedure;
d. promptly notify the Respondent of any involvement with a Children’s Aid Society. The Respondent shall also report any involvement with a Children’s Aid Society to the Applicant;
e. promptly notify the Respondent if the child is in the care of a third party for a period in excess of seven days; and
f. Promptly notify the Respondent of any change in the child’s health care providers (including but not limited to physicians, dentists, psychotherapists and counsellors), school, and significant extra-curricular activities, and other third party service providers, and provide contact information for same.
11. The parties shall notify the other of any changes to their or the child’s physical address, phone number, email address or other contact information.
12. The parties shall communicate by AppClose, with such communication to be private, respectful, not shared with the child or third parties (except for counsel, family, FACSS, and mental health professionals) without the other’s consent. Both parties shall refrain from all contact except in the case of a circumstances described in this order that require such contact. The Applicant shall create a new AppClose account that is solely between herself and the Respondent. The Applicant shall only communicate with the Respondent through this single forum, and shall not send multiple copies of the same information.
13. Neither party shall make disparaging or negative remarks to the child about the other party, or to others in a manner in which the child may become aware.
14. Neither party shall discuss past or present legal proceedings with the child, or with others in a manner in which the child may become aware.
15. Should a party become aware of a third party making disparaging remarks about the other party to the child, discussing past or present legal proceedings with the child, or making such remarks to others in a manner in which the child may become aware of the remarks, the parties shall direct third parties to stop, and shall take steps to prevent the child from hearing or reading such remarks.
16. The Respondent may make inquiries and be given information by the child’s teachers, school officials, doctors, dentists, health care providers, or others involved with the child. The Applicant shall facilitate this by notifying all such service providers of the Respondent’s name, and right to receive information. If, for whatever reason, the Respondent is unable to obtain information from third party service providers independently, the Applicant shall ensure the information is provided either directly by the third party service provider, or indirectly by relaying the information requested herself.
17. The Applicant may independently apply for a passport (or passport renewal) for the child without the signature of the Respondent. The Applicant shall keep the passport in her possession and provide it to the Respondent if required.
18. The Applicant may travel internationally with the child upon providing 48 hour notice to the Respondent of the travel, without the necessity of the Respondent providing further written authorization. The Respondent shall require written authorization from the Applicant for international travel, but such authorization shall not be refused for travel to the United States of America for a day trip or single overnight to the United States of America on 48 hours notice, or upon providing 30 days notice and a detailed itinerary for other travel provided that the travel is in keeping with the child’s wishes.
19. The child’s name shall not be changed without both parties’ written consent.
Parenting Time
20. The parenting time with Jackson shall be allocated as follows:
Relocation
a. the child will reside with the Applicant;
b. the child’s parenting time with the Respondent shall be as follows:
i. The Respondent may communicate with the child by email, text, telephone or otherwise. The Applicant shall not review or respond to such communication, and shall not direct the child’s response. The Applicant shall not be penalized should the child express the content of any and/or all correspondence between the Respondent and himself. In the event this does occur, the Applicant shall be afforded the opportunity to take appropriate actions if required.
ii. In-person parenting time shall be at the discretion of the child, and as arranged between the child and the Respondent.
iii. The Respondent may send cards and gifts to the child, and the Applicant shall facilitate this by delivering all items sent.
iv. Any in-person parenting time shall be facilitated by the Applicant.
c. The Applicant is allowed to move no further than 100km away from the town of [town].
The rest is about CS and S7 which we both consented to.
My Ex’s Confirmation of Settlement and the brief says the most important topics for discussion are
a) Mobility; and
b) Name change.
I’m also confused on why I can’t change the name now. The application form says I can only change the child’s name if
the child has lived in Ontario for the last 12 months before submitting the application or if the child is less than one year old and has lived in Ontario since birth. This requirement is met.
I must be a person with lawful custody of the child. I have full decision making responsibility.
I cannot change the child’s name if there is a court order or a separation agreement that stops me from changing the child’s name. There presently isn’t. However this is what the ex is trying to add.
