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What can go into the Court Order?

quickstudy2's picture
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Hi all,

Looking for suggestions on what to put in the formal Supreme Court Order with regards to my 7 month old daughter.

Ministry of Children and Families is investigating her father, and may be acting on her behalf and putting in restrictions... so I may not get too much of a vote... but what should be in place by the end if you were asking for the "moon and the stars?"

NOTE: I'm in BC CANADA - My daughter is 7 months old. Without describing the individual I'm up against - just know you would not want any young girl near this man let alone your daughter.

derb84123's picture

I have no idea how Canadian laws are, but here in the US I would make sure the order has the following:

If joint custody (both parents having rights) I would make sure there are exact times and locations for exchanges, including every single holiday. Have clauses in their about the children's extracurriculars (my opinion if it is educationally benefit then parents need to allow for that, regardless of whose "time" it is). Guidelines on medical payments, making appointments, moving, personal affects.. that type of stuff.

In a situation like yours- I would try to get full custody and supervised visits with biodad indefinitely, at the cost of him

Rags's picture

Our order was pretty reasonable and worked well for the 16+ years SS was a minor and his custody and visitation was governed by the order.

I would suggest that if you are the CP that you request that each party be responsible for the cost of transporting the child to their location and that it is clearly stated in your order that travel time occures on the NCP's time to ensure that the child does not miss school for a visitation.

Our order was additive to the original order of paternity and the only change to the order for the time my SS was a minor was to the CS amount which eventually was raised to $785/mo then lowered to $385/mo.

Here is our orders as a reference: *Note - My DW and DickHead were never married though the CO references a marriage.

IN THE CIRCUIT COURT OF THE STATE OF (SPERMLAND)
FOR XXXX COUNTY

In the matter of the marriage of: (*They were never married) Case No. F-xxxx
STATE OF (SPERMLAND), Ex Rel ORDER ON RESPONDENTS MOTION
TO MODIFY THE STIPULATED
MY DW JUDGEMENT OF PATERNITY
Petitioner,

Vs.

DICKHEAD,
Respondent

This matter having come before the Court upon Respondents’ Motion for Order to Show Cause for Modification of Stipulated Order of Paternity and Counter-Motions for Modification on the XX day of XXXX, 19XX; the Court having heard testimony of the parties, having reviewed the evidence and the file herein;

IT IS HEREBY ORDERED:

1. That at all times in which the petitioner and respondent live within 200miles of each other, respondent shall have visitation with his minor son, XYZ, date of birth XX/XX/XXX, pursuant to XXXX County Supplemental Rule X.0XX.

2. That at all times which petitioner and respondent live more than 200 miles from each other, respondent will have visitation with his minor son, XYZ, as follows:

a. During 19XX, respondent shall have visitation from September 25 through October 8 and from December 11 though December 22.

b. Beginning in 19XX and continuing through the summer of 1998, respondent will have visitation as follows:
(1) Two weeks in March.
(2) Four weeks in the summer. After two weeks of respondents visitation has passed, petitioner shall be entitled to up to ten days of visitation in the area where the respondent is residing. Respondent's four week visitation will be extended by the number of days which the petitioner has the child in the middle of the respondents four week summer visitation. For example, if after the respondent has had two weeks of summer visitation, petitioner visits with her son in the respondent’s area for six days, then after the child is returned to the respondent, he shall have two weeks remaining visitation. Respondents’ summer visitation shall not include the minor child's birthday on consecutive years.
(3) Two weeks in September or October
(4) December 11 through December 22.
(5) For seven days of respondents choosing, provided the seven days visitation is not within two weeks of any other visitation, and that the seven day visitation takes place in the child's area of residence.

c. For the period beginning on the date school starts in 19XX and continuing there after as follows:
(1) A five day weekend visit in September or October after September 15th in the area where the child resides so that the child may attend school during the day.
(2) On even numbered years, winter visitation beginning on the day school gets out until December 24; and on odd numbered years beginning on December 26, until the day before school starts.
(3) Every spring vacation pursuant to XXXX County Supplemental Rule X.0XX.
(4) Five weeks in the summer; after two weeks of respondents summer visitation has passed, petitioner will have up to ten days of visitation in the area in which respondent is residing. Respondent’s five week summer visitation will be extended by the number of days which petitioner has the child in the middle of respondent’s five-week summer visitation. Respondent’s summer visitation shall not include the child’s birthday on consecutive years.

d. Respondent shall inform petitioner in writing at least 60 days prior to any visitation he intends to exercise. The notice shall include the dates he intends to exercise visitation. Petitioner shall respond in writing to respondent within 15 days of receipt of notice as to whether or not she will exercise visitation in the middle of the respondent’s visitation, including the dates and number of days the intends to have the minor child.

e. Times for beginning and ending visits shall be flexible to accommodate transportation arrangements. Visits shall end after an amount of time less than or equal to the period provided in this order. Thus, for example, a visit from September 25 through October 8 is a visit for two weeks, and petitioner shall be entitled to the return of the child after 336 hours (24x14) has passed since the petitioner released the child to the care of the respondent. Said differently, petitioner shall be entitled to return of the child on the final day of the visit, at or before the time at which she released the child to the respondent’s care on the first day of the visitation.

3. The cost of transportation for all visitations shall be handled by the parties as follows: Each party shall be responsible to provide transportation to bring the minor child from the child’s location to the party’s location. For example, Mr. DickHead shall arrange and be responsible for the child’s transportation to Mr. Dickhead’s residence for visitations. Petitioner shall arrange and be responsible to provide transportation back to her residence. This may include any acceptable transportation including transportation by grandparents. Each party shall cooperate in making travel arrangements for the child’s return, including driving the child to the airport, if necessary.
4. Respondent shall pay petitioner $132.00 per month for child support commencing on the XXth day of XX, 19XX.

5. Each party shall be responsible for one half of unreimbursed medical, dental, optical, and orthodontic expenses incurred on behalf of the minor child.

6. Both parties shall provide the other with their current address and telephone numbers.

Dated this _____ day of XXXXXX, 19XX

JUDGE ____________________