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If you have a memorandum of understanding, and it is not…

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If you have a...

If you have a memorandum of understanding , and it is not followed by one parent , ie. They fail to show up for a pick up, isdue to being called into work ithey dont call , is i t the obligation of the other parent to then give them parenting time on a different day? Is the memorandum of understanding just guidelines and no matter what happens only one parent has to follow it ? Are there any consequences if you don't follow it?

Lawyer's Assistant: Family law varies by state. What state are you in?

Sorry I am in bc Canada

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes we have a memorandum of understanding but no matter what I say or do it's not followed and nothing happens.to the other parent

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Is it worth it to ho have a memorandum of understanding

Submitted: 7 months ago.Category: Canada Family Law
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Answered in 1 hour by:
11/20/2017
Family Lawyer: Legal Ease, Lawyer replied 7 months ago
Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 105,503
Experience: I am a practicing lawyer and have also been an online professional for 5 years.
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Family Lawyer: Legal Ease, Lawyer replied 7 months ago

I am sorry to hear of this difficult situation.

Who did this memorandum? Did a lawyer draft it?

Is there a court order?

How old are the kids and with whom do they live most of the time?

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Customer reply replied 7 months ago
Laywers did the memorandum of understanding it's for one child who is now 6.there is no court order as the other party has fired their lawyer ,been fired by their laywer for failing to pay , defaulted on their morgage and lost their house, is in arrears on child support refused to do mediation because it costs to much, threatened tomkill my new partner, and there was a new 211 done I am accused of campaigning to give the other party parenting time because Itried to follow the memorandum of understanding and the 211 says if I continue to follow the memorandum then the other party will gain full custody rather than 50/50 which is the recommendation of the 211. The other party lied to the during the assessment gave false information on my employment , accused me of being delusional ,was noted to be deceptive during the 211 assessment . However I was noted to be honest and non judgemental. And the recommendation is 50/50 or if I fight it the other party gets full custody. So I don't understand what to do as 50/50 would be fine if that is all I can do but does that mean I have to follow the order but the other party can do whatever and nothing will happen to them? But I am threatened with losing custody because I followed the order didn't give up my parenting time to further fit the others schedule. The memorandum of understanding was built around the other party s work schedule as they work rotating shifts so it's a rotating schedule so this parenting time is scheduled for his days off. , I get Saturday and Sunday off but if he happens to be off on the weekends the schedule doesn't change for me . My partner and his mother have even been accused of non verbal abuse because they looked my ex in the eye when he spoke to them and he didn't like the answer he could see it in their eyes and we are not allowed to respond to this accusations or the other party gets full custody according to the 211. Responding is apparently a campaign to minimize the other partys contact.
I don't understand why I am threatened with this when I have proof that it's untrue. I have proof of where I work . I don't work where he said I do and never have. He claimed that I was chastised by the judge during one of our appearances , when in fact it was him and the person doing the 211 didn't verify the fact and used that as another reason that proves I was campaign in against the other party, am at a loss. I believe that right now our MOU basically gives 50/50 parenting time. That eqauls out over the year because it's a rotating schedule. I don't know what to do
Family Lawyer: Legal Ease, Lawyer replied 7 months ago

Can you afford a lawyer now?

And I don't understand some of what you are saying. Are you saying the assessment report recommends 50/50 but if you don't follow the memorandum of understanding then it recommends sole custody to the father?

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Customer reply replied 7 months ago
I am running out of funds but I will re morgage my house if I need too. Yes if I don't agree with 50/50 custody then he gets full custody that's the recommendation. All I want is a consistent parenting time for both of us . I want both of us to follow a MOU or order and if either one of us breaches the order that there is consequences. I work full time so does my ex. Our child attends school. When the pick up s and drop offs fall during my work hours my mother or my new partner s mother dros off or picks up for me. I have been told I should be doing these pick ups and drop offs because not doing them because I am at work was me not wanting to have a congenial relationship with my ex according to the 211 assessment. I can't afford to take time off work to do these and he can because it's his day off. Also our relationship became abusive mentally and physically that's the reason I left. However he denies abusive behavior, even though I have police report s of when I called during our relationship and a deposition from another woman that he dated after we separated stating he abused her too the 211 assesser says that is further proof that I am campaigning for limiting his parenting time. One of my proposals was Monday to Friday with me and he gets every weekend he is off . I made the proposal because I felt it was a consistent stable schedule for our child . He complained that some of his parenting days consist of time that our child is in school so limiting the time he could spend with his child . Even though same goes for me . Again this is apparently me trying to limit his parenting time . I am afraid of my ex and again saying so is being used as proof I am campaigning to limit his time. Also his mother wants grandparents time I said she could have as many hours during his parenting time that she wants that's exactly the same as my mother gets but that is also an attempt by me to limit his parenting time
Customer reply replied 7 months ago
According to the 211 assessment
Customer reply replied 7 months ago
I have to go and take my child to school can we change to a phone cal in 1 hour at 9:15 pst?
Family Lawyer: Legal Ease, Lawyer replied 7 months ago

If you want a call just click on the call button when you are free.

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Family Lawyer: Legal Ease, Lawyer replied 7 months ago

Do you want to go ahead sometime today?

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