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Can i change my custody agreement on my own or do I need a…

Can i change my custody...
Can i change my custody agreement on my own or do I need a lawyer.
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Answered in 10 minutes by:
3/15/2012
ulysses101
ulysses101, Lawyer
Category: Canada Family Law
Satisfied Customers: 3,728
Experience: Over 10 years litigation experience in family, criminal, and civil law
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What province are you in, please?

How often does your ex have the children now? How far away did he move?

What was the support arrangement?

Ulysses
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Customer reply replied 6 years ago

We live in Alberta

He is seeing our daughter every weekend (mostly) at this time. he lives about 150km away.

Our agreement is 50/50 with no child support. But we are to share the fees for activities and school (which he does not do)

Eden

Thanks for those details.

How is the child transported during the access periods with father?

Do you think he'd be co-operative if you put it to him that the agreement needs to be changed? Clearly, the child is primarily resident with you and he should be paying support too.

What does the agreement say about sharing the activity and school fees?

What does each of you earn?

Ulysses
Ask Your Own Canada Family Law Question
Customer reply replied 6 years ago

He does most of the driving as his family is in town and he stays with them for the weekend.

He is not agreeable as I have tried to talk to him and he states he will just move her.

We are to share all expenses and he aknowleges this but does not want to pay as he states he has no say. i try to explain that I have to ensure I can get her back and forth from activities so sometimes activities are limited.

I have no idea what he earns. imake about 70000/yr.

Eden

I see. Did he move for work reasons? Is he employed? Have you asked him for his income details, and offered your own?

Ulysses
Ask Your Own Canada Family Law Question
Customer reply replied 6 years ago

Yes he moved because of work. I have not asked or offered as we do not communicate very well.

Eden

You can do an amending agreement to your domestic contract by yourselves, if it's done properly. You'd clearly lay out what sections of the original you are deleting and what you're replacing them with, and any other additional deletions or insertions. To make it rock solid, you need witnesses to your signatures and a certificate from a lawyer for each that independent legal advice has been provided.

However, this isn't a simple as changing custody from shared to joint or sole to you. Clearly the access schedule ought to be nailed down, he should be paying child support perhaps retroactive to when he moved, and the contribution towards activities and other extraordinary expenses recalculated (normally those items are listed specifically so there's no argument about it, and what % of the cost goes to each, usually split in proportion to the incomes).

The reality is that none of these changes will benefit him, so he has little incentive to agree to any of it. If you tack on that you don't get along all that well to begin with and it seems very likely that there's no chance of negotiating something satisfactory and comprehensive on your own.

You should go see a lawyer, perhaps the one who helped you with the first agreement (if you used one). No one likes to spend money on a lawyer, but this is important and needs to be done right. As well, with a lawyer helping you there's an implied threat of litigation if he won't come to the table in good faith to amend the agreement. You've already gone 8 months without child support when you're clearly entitled to it, and each month that goes by is more time you're not getting support and makes a retroactive claim for support less likely to be agreed upon or be successful.

If you have questions that flow from this, please reply with them.
Good luck
Ulysses

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ulysses101
ulysses101, Lawyer
Category: Canada Family Law
Satisfied Customers: 3,728
Experience: Over 10 years litigation experience in family, criminal, and civil law
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Customer reply replied 6 years ago
Relist: Other.
Have not recieved a responce in while. just looking for an answer.
I did an Answer a few minutes ago, I don't observe that you've seen it with. Perhaps you hadn't refreshed your screen in past few minutes.

Ulysses
Ask Your Own Canada Family Law Question
Customer reply replied 6 years ago

Sorry,

Thank you for your reply, it sounds like I will need some help. I am not sure I willreturn to the same lawyer but will try and seek one out. My x has a way of turning everything around. His family is also a very well know name in the small town where I live and he uses that to his advantage. Thank you so much.

Eden

You're very welcome. You'll feel better about the process if you get some professional help. The best way to find a lawyer is to ask family and friends who they have used or would recommend. Or you can go to your local court and talk to duty counsel, see who they recommend. Your provincial law society's website will have a number for a Lawyer Referral Service where you'll get some contact information for local counsel that can help, and give you an initial consultation for free or for cheap. Feel free to shop around, and go with the lawyer who seems knowledgable, is willing to negotiate but also willing to go to court, who doesn't promise you the moon from the outset, and doesn't want a five figure retainer.

Thank you for the accept, and good luck to you. Feel free to come back to JustAnswer, and if you want my specific attention you may start your question with "dear Ulysses" and I'll see it.

Ulysses
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