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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101382
Experience:  Lawyer
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My exwife agreed to let my mother watch the kids for

Customer Question

My exwife agreed for us to let my mother watch the kids for child care and go to school there so it works with my schedule so that we can do a 50/50 split we verbally agreed on this and now she is changing her mind and saying no, is there anything I can do
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Has this arrangement been put into place yet? What is her reason for changing her mind now?
Customer: replied 2 years ago.
No it's not in place, she basically said because I would see them to much. So I tried to say to make up for the time I would give up a day to even it out.
Expert:  Debra replied 2 years ago.
Is this about child support? Is she worried you will have the kids over 60% of the time?
Customer: replied 2 years ago.
Nope not about support at, she would rather me get them up at 5 am when I get up bring them to her and then I go to work, I work shift work 2 weeks days 2 weeks afternoons
Customer: replied 2 years ago.
So dose she have to hounor that or it has no merit.
Expert:  Debra replied 2 years ago.
There is no way to enforce an agreement with respect to children except by going to court and proving that what you are asking for is in the best interest of the children. In other words, when it comes to children it is only their best interest that matters, and it does not matter what anyone agreed to, either verbally or in writing. That is to say, that no agreement is ever etched in stone when it comes to children. So what you will have to do is apply to the court for an order for joint custody with the children living with each of you as you initially agreed. The mother will try and prove that this is not in the children's best interest. But, she will have a hard time doing that for several reasons. First, it is hard to see how anyone can argue that it is better for children to be woken up at 5am -- frankly that does not stand to reason. As well, she initially agreed to this, so she must have thought that this was in the best interest of your children. Finally, for her to say that this arrangement is not OK because you see the children too much also does not reflect what would be in the children's best interest. This is not supposed to be a competition for time but rather an arrangement so that the children's best interests can be protected. Do you see what I mean?
Customer: replied 2 years ago.
Thank you very much for your time
Expert:  Debra replied 2 years ago.
You are very welcome.