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Hello I have a problem with my separation agreement. I work…

Customer Question

Hello: I have a problem with...

Hello:
I have a problem with my separation agreement. I work on the weekends and my ex wants me to take my children every other weekend. This causes two problems. One of which is that I have to find and pay a baby sitter out of my own pocket. The second problem is that, because I am working, I never get to see them during this time.

I fail to see how this situation is in the best interest of my children.

Is there any way to get the agreement modified as my ex is adamant that I am to take my children every other week end when I am at work?

Thank You

Bill McHoul

Submitted: 12 years ago.Category: Canada Law

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Answered in 2 minutes by:

1/31/2011

Lawyer: Debra, Lawyer replied 12 years ago

Debra, Lawyer

Category: Canada Law

Satisfied Customers: 147,341

Experience: Lawyer

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What would you like to see happen instead?

Customer reply replied 12 years ago

If possible I am willing to take children during week when I am free. My girlfriend has also offered to "sit" them one week a month. If my ex would agree to this it would end all problems but she insits on every two weeks so she can go and have her social life.

So I dont see the two children when Im free and have been forced to take them and have them sat when I am at work.

I have also taken time off work to do this but have been warned by my company to curtail my absenteeism.

Lawyer: Debra, Lawyer replied 12 years ago

How old are they?

Do you not see them during the week at all?

If you see them during the week then how would that work with school?

Customer reply replied 12 years ago

They are 11 and 4.

I do see them one night a week and the 4 year I see when SHE is working and needs help. ( 3 days a week in the am.).

When they both go to school I get them lunches and drive them to school or they walk to the bus.

It is her insistance for taking them on weekends that is causing this problem.

Would a judge force my to have them sat on days when I am legally obligated to work?

Thanks

Lawyer: Debra, Lawyer replied 12 years ago

OK

Now I see. I thought you wanted to change things.

A Court will not Order you to see the kids.

As well, given that you are paying child support it's a bit of an odd situation as the recipient of the support is not really helping with your work schedule.

I would suggest that you tell her that you need to vary the agreement because it's not working now that you are working weekends and say you will take them more during the week but cannot take them on the weekends when you are working (or when you girlfriend cannot help).

Tell her this is not about her or you. It's about the kids' best interests and your financial obligations.

How does that sound?

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