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  1. SEAL
  2. The Honourable
  3. Ontario Court of JusticeONTARIO (Name of Court)
  4. at 311 Jarvis St, Toronto ON M5B 2C4 (Court office address)
  5. Applicant(s)
  6. Respondent(s)
  7. Form 25: Order (General) Temporary
  8. Final
  9. X
  10. (Full legal name & address for service: street, number, municipality, postal code telephone & fax numbers & e-mail address (if any).
  11. Lawyer’s name & address: street, number, municipality, postal code, telephone & fax numbers & e-mail address (if any).
  12. APPLICANT
  13. JUSTICE
  14. Judge (Print or type name)
  15. October 22, 2018
  16. Date of order
  17. Full legal name & address for service: street, number, municipality, postal code telephone & fax numbers & e-mail address (if any).
  18. Lawyer’s name & address: street, number, municipality, postal code, telephone & fax numbers & e-mail address (if any).
  19. RESPONDENT
  20. LA WYER
  21. The court heard an application/motion made by (name of person or persons) The Applicant father (the “Applicant”)
  22. The following persons were in court (names of parties and lawyers in court) The Applicant, acting in person
  23. The Respondent mother (the “Respondent”) and her counsel Lawyer
  24. The court received evidence and heard submissions on behalf of (name or names) The parties, per the consent filed
  25. THIS COURT ORDERS THAT, ON CONSENT, AND ON A FULL AND FINAL BASIS:
  26. CUSTODY
  27. The parents shall have joint custody of the children (name) born (date) and (name), born (date) [the “children”] subject to the terms as set out in this order.
  28. Consultation and Communication
  29. 1. The parties shall use email to communicate regarding issues for the children. Text messaging between the parents shall be used only for logistical arrangements for the children (e.g., pick up/drop off). Phone calls between the parents shall be used only for emergencies regarding the children.
  30. 2. The parents shall consult with each other in advance in writing as to all major decisions (except day-to-day decisions) related to the children’s health (including but not limited to counseling, medical and medications), education (including daycare, school, tutors and other educational programs), extra-curricular activities and religion, prior to embarking on any plans or courses of action for the children.
  31. FLR 25 (September 1, 2005) www.DIVORCEmate.com
  32. Court File Number
  33. (D)FO-(yy)-(file)
  34.  
  35. Form 25: Order (general) (page 2) Court File Number DFO-(yy)-(file)
  36. 3. In consulting on all custodial matters, the communication process between the parents shall be one of good
  37. faith:
  38. a. there shall be no denigrating, discussion of court or contempt proceedings, or any other negative and/or unnecessarily personalized or condescending language, i.e., the parents shall make their discussion one of the children’s needs;
  39. b. the requesting parent shall give the other a reasonable amount of time to respond (usually 2 days, more or less depending on the objective urgency of the request) and shall not send multiple emails the same day requesting or demanding a response, nor threatening consequences for a non-immediate response. The requesting parent shall advise of any third-parent concrete deadlines that would shorten the required response time (i.e., for registrations, booking deadlines, etc.);
  40. c. the requested parent shall respond to the other parent within a reasonable amount of time (usually 2 days, more or less depending on the objective urgency of the request). If a proper response cannot be provided in the time requested, the requested parent shall respond to inform of that and advise as to when a reply can be expected.
  41. 4. Each parent shall have full rights to information about the children from all of their service providers and shall sign any document as required by a service provider to ensure that this is the case.
  42. 5. Both parents shall ensure that the other has a full copy of the front and back of all government-issued documents for the children. The parents shall both sign all forms as required to obtain and renew any such documents for the children.
  43. 6. Neither parent shall change the children’s names without the written consent of the other parent.
  44. Medical final decision-making
  45. 7. The parents shall follow the recommendations of the children’s current health provider (address of current provider) where clear recommendations have been provided by that service provider. Neither parent shall change this service provider without the written consent of the other parent.
  46. 8. From now until the last day of the 2019-20 school year, then every other odd-numbered year as measured by the first day of school (i.e., 2021-22, 2023-24, etc.):
  47. a. the Applicant will have the final say over medical decisions for the children in the event that the parents cannot agree on a medical decision after written consultation;
  48. b. the Applicant shall be the parent in charge or arranging for and taking the children to their routine medical appointments. He shall inform the Respondent in advance of the appointment time, and shall, within a couple days of the appointment’s completion, provided her with a brief written synopsis of the doctor’s observations and recommendations, including any medication prescribed on a short- or long-term basis;
  49. c. Notwithstanding the above, any serious, life-altering, or surgical medical decisions (including mental health care decisions) shall be made by both parents;
  50.  
  51. Form 25: Order (general) (page 3) Court File Number DFO-(yy)-(file)
  52. d. The Respondent shall be permitted to seek the assistance of the court on proper notice (as may be the case) if she believes that a medical decision made by the Applicant is not in the children’s best interests or is a serious decision as set out in paragraph (c).
  53. 9. From the first day of the 2020-21 school year, then every other even-numbered year as measured by the first day of school;
  54. a. the Respondent will have the final say over medical decisions for the children in the event that the parents cannot agree on a medical decision after written consultation;
  55. b. the Respondent shall be the parent in charge or arranging for and taking the children to their routine medical appointments. She shall inform the Applicant in advance of the appointment time, and shall, within a couple days of the appointment’s completion, provided him with a brief written synopsis of the doctor’s observations and recommendations, including any medication prescribed on a short- or long-term basis;
  56. c. Notwithstanding the above, any serious, life-altering, or surgical medical decisions (including mental health care decisions) shall be made by both parents;
  57. d. The Applicant shall be permitted to seek the assistance of the court on proper notice (as may be the case) if he believes that a medical decision made by the Respondent is not in the children’s best interests or is a serious decision as set out in paragraph (c).
  58. 10. In the event of a serious acute medical emergency for a child, the parent with care of the child shall seek emergency treatment, advising the other parent of same as soon as it is reasonably safe for the child to do so. Both parents shall be able to attend at any serious acute medical emergency for the child, regardless of who has final decision-making in a given year.
  59. Dental final decision-making
  60. 11. The parents shall follow the recommendations of the children’s current dental provider (address of current dental provider) where clear recommendations have been provided by that service provider. Neither parent shall change this service provider without the written consent of the other parent.
  61. 12. From now until the last day of the 2019-20 school year, then every other odd-numbered year as measured by the first day of school (i.e., 2021-22, 2023-24, etc.):
  62. a. the Respondent will have the final say over dental decisions for the children in the event that the parents cannot agree on a dental decision after written consultation;
  63. b. the Respondent shall be the parent in charge or arranging for and taking the children to their routine dental appointments. She shall inform the Applicant in advance of the appointment time, and shall, within a couple days of the appointment’s completion, provide him with a brief written synopsis of the dentist’s observations and recommendations;
  64. c. Notwithstanding the above, any serious or surgical dental decisions (including braces) shall be made by both parents in conjunction with the service provider;
  65.  
  66. Form 25: Order (general) (page 4) Court File Number DFO-(yy)-(file)
  67. d. The Applicant shall be permitted to seek the assistance of the court on proper notice (as may be the case) if he believes that a dental decision made by the Respondent is not in the children’s best interests or is a serious decision as set out in paragraph (c).
  68. 13. From the first day of the 2020-21 school year, then every other even-numbered year as measured by the first day of school;
  69. a. the Applicant will have the final say over dental decisions for the children in the event that the parents cannot agree on a dental decision after written consultation;
  70. b. the Applicant shall be the parent in charge or arranging for and taking the children to their routine dental appointments. He shall inform the Applicant in advance of the appointment time, and shall, within a couple days of the appointment’s completion, provide her with a brief written synopsis of the dentist’s observations and recommendations;
  71. c. Notwithstanding the above, any serious, life-altering, or surgical dental decisions shall be made by both parents;
  72. d. The Respondent shall be permitted to seek the assistance of the court on proper notice (as may be the case) if she believes that a dental decision made by the Applicant is not in the children’s best interests or is a serious decision as set out in paragraph (c).
  73. 14. In the event of an acute dental emergency for a child, the parent with care of the child shall seek emergency treatment, advising the other parent of same as soon as it is reasonably safe for the child to do so. Both parents shall be able to attend at any serious acute dental emergency for the child, regardless of who has final decision- making in a given year.
  74. Educational decision-making
  75. 15. The parents agree that the children shall transition from their current school (CURRENT SCHOOL) to (NEW SCHOOL).
  76. 16. If permitted by (NEW SCHOOL), this transition shall be over the 2018-2019 Winter Break.
  77. 17. Otherwise, the parents agree that the children shall finish their 2018-19 school year at (CURRENT SCHOOL), and, for the 2019-20 year ongoing, be enrolled in (NEW SCHOOL).
  78. 18. The Respondent’s address (ADDRESS) shall be used as the children’s primary residence for the sole purpose of determining the children’s school catchment area. The children shall remain in that school and catchment area for as long as possible:
  79. a. If the children are no longer able to remain in the Respondent’s catchment area, the parents shall consult with each other regarding the issue of primary residence for the sole purpose of determining the children’s school catchment area;
  80. b. If the parents are unable to resolve the matter of the catchment area within 14 days, either parent shall be free, on proper notice to the other parent to move for a change in primary residence for the children
  81.  
  82. Form 25: Order (general) (page 5) Court File Number DFO-(yy)-(file)
  83. for the sole purpose of determining the children’s school catchment area (this shall not automatically result in a change of the parenting schedule).
  84. 19. The parents shall follow the recommendations of the children’s teachers and educational supports where clear recommendations have been provided by that service provider. In the event that any educational or psycho- educational testing is indicated by the service provider, both parents shall be engaged in the process, although may do so independent of each other (i.e., they may make their own appointments with the service provider).
  85. 20.Both parents shall be permitted to attend parent-teacher meetings and shall arrange for their own appointments.
  86. 21. In odd-numbered school years (i.e., 2019-20) the Applicant shall be listed as the first contact parent for (SON) and the Respondent shall be listed as the first contact parent for (DAUGHTER). This shall alternate in even- numbered years.
  87. 22. Both parents shall be permitted to attend at any educational emergencies for the children and shall inform the other parent of the emergency as soon as it comes to his or her attention.
  88. 23. Both parents shall arrange for their own notices, class photos and report cards from the school. In the event that the school inadvertently delivers both copies of a notice to one parent, or a parent discovers that he or she has received the only copy of a notice, that parent shall post the notice (or the information contained on the notice) via email within 24 hours of learning of the sole delivery.
  89. Religious Decision Making
  90. 24. The parents may attend religion-based functions with the children, but neither parent will attempt to indoctrinate the children into any religious belief system. For certainty, the children will have no religious affiliation and will not undergo any religious ritual in which they are the person of focus (e.g.., baptism, etc.) at the request of either parent.
  91. Mobility
  92. 25. If a parent seeks to move more than 5 kilometers from their address (i.e., Respondent’s address of (ADDRESS), Applicant’s address of (ADDRESS)) they shall notify the other parent of their plan to move 60 days prior to taking any action to move. This notice will give either parent the opportunity to resist the move in court if the non-moving parent believes that the move may interfere with the parenting arrangement for the children.
  93. Communications between a Parent and Child - Discipline
  94. 26. The parents shall not discuss the following topics with the children:
  95. a. The final decisions the other parent is making for dental or medical issues for a child during the year they are entitled to do so;
  96. b. Any court process involving the parents, what transpired in a proceeding, any position a parent took in a proceeding, or any decision a judge made in a proceeding;
  97.  
  98. Form 25: Order (general) (page 6) Court File Number DFO-(yy)-(file) c. Support (paid or received, including which parent is paying for any activity for a child) or the financial
  99. status of the other parent;
  100. d. Any negative observations of the other parent, their partners or family;
  101. e. Day-to-day decisions the other parent makes for a child in their care;
  102. f. In the event that a child raises one or more of these topics with a parent, that parent shall reach out to the other parent to discuss a child- and age-appropriate response. If the parents cannot agree on a response, the message communicated shall solely be an affirmation of the parent’s decision, or family or, in the case of finances, an assurance that family finances are a decision for adults.
  103. 27. Both parents shall be entitled to implement their own discipline regimes for the children while they are with him or her but shall advise the other parent of the discipline with an eye to creating a united front.
  104. PARENTING TIME
  105. Regular Schedule
  106. 28. Beginning January 7, 2019 or such earlier date as the parties may agree (January 7, 2019 being the Monday of week 1), the regular school year schedule for the children shall be as follows:
  107. Monday
  108. Tuesday
  109. Wednesday
  110. Thursday
  111. Friday
  112. Saturday
  113. Sunday
  114. Week 1
  115. Mom
  116. Mom
  117. Dad
  118. Dad
  119. Dad
  120. Dad
  121. Dad
  122. Week 2
  123. Mom
  124. Mom
  125. Dad
  126. Dad
  127. Mom
  128. Mom
  129. Mom
  130. 29. Pick-up and drop-off of the children shall be from school.
  131. 30. Where the parents agree to do so, the children may be in the Respondent’s care on Wednesday and Thursday from after school to 6:00 pm pick up by the Applicant from the Respondent’s house. If the Applicant does not wish for this to be the arrangement for the children on his days, he shall arrange for before- and after- school care for the children at his own expense.
  132. 31. Both parties may attend all school functions regardless of the schedule.
  133. 32. Both parents may attend any “unique” functions (playoff games but not practices; concerts but not rehearsals) for the children regardless of the schedule.
  134. 33. With respect to school field trips or classroom events where only one parent is permitted to attend, the parent who is scheduled to provide care for the children will have the first opportunity to attend. If that parent cannot participate that parent will immediately notify the other parent, who may attend instead.
  135. 34. Beginning with the 2020-21 school year, either parent may seek a review of the regular schedule (review to be held no more than once per year) with a view to transitioning to a week-about schedule or another schedule that a parent feels would be in the children’s best interest at the time.
  136.  
  137. Form 25: Order (general) (page 7) Court File Number DFO-(yy)-(file)
  138. Summer Schedule
  139. 35. The summer schedule for the children shall override but not reset the regular schedule and shall be as follows:
  140. a. “Summer” shall be defined as beginning on the Thursday after school ends and ending on the Thursday before school begins;
  141. b. The parents shall alternate weeks (the week being from Thursday at 6:00 pm to the following Thursday at 6:00 pm) with exchanges to take place in front of the Respondent’s home;
  142. c. In even-numbered years the Applicant shall have the first week, and in odd-numbered years the Respondent shall have the first week;
  143. d. Due to the week-about summer schedule, neither parent shall be required to bring the children to activities scheduled by the other parent unless they agree to do so, as both parents recognize that there are other summer activities (travel, camping, etc.) in which both parents will want to engage the children:
  144. i. By way of example, if the Respondent wishes for the children to continue in karate for the summer, she shall arrange for them to do so only on the alternate weeks when the children are with her, unless the Applicant agrees to bring the children to one or more sessions during his weeks with the children.
  145. 36. Notwithstanding the regular week-about schedule, each parent shall be permitted to have the children for a 2- week period (from Thursday to Thursday) once per summer (more if the parties agree):
  146. a. In the event that the parents are unable to agree on the 2-week periods for the children by April 30th of any odd-numbered year, the Applicant shall have his choice of 2-week period for the children and shall advise the Respondent of same in writing by May 15th of that year, failing which the Respondent is free to choose her 2-week period and advise the Applicant of same. This shall alternate so that the Respondent has the first choice in even-numbered years;
  147. b. In the event of a family reunion or family wedding, the parent without the first-choice shall inform the other parent as soon as possible so that the parent with the first choice that year does not purchase tickets or make travel payments. The parent with the first choice shall make best efforts to accommodate family reunion or family wedding as they appreciate that attending these events is in the children’s best interests;
  148. c. The parents shall then rearrange weeks for the summer so that the children are not out of either parent’s care for more than the 2-week period (i.e., essentially re-setting the week-about schedule so no parent has the children for 3 weeks straight).
  149. Holiday / PD Day Schedule
  150. 37. The holiday schedule for the children shall override but not reset the regular schedule as follows:
  151. a. Family Day Weekend: the children will reside with the Respondent on Family Day weekend in odd-
  152.  
  153. Form 25: Order (general) (page 8) Court File Number DFO-(yy)-(file)
  154. numbered years and with the Applicant in even-numbered years, from Friday pickup at school to Tuesday drop-off at school;
  155. b. March Break: the children will reside with the Applicant for March Break in odd-numbered years and with the Respondent in even-numbered years, from Friday pickup at school to Tuesday drop-off at school:
  156. c. Easter Weekend: the children will reside with the Respondent on Easter weekend in odd-numbered years and with the Applicant in even-numbered years, from Thursday pickup at school to Tuesday drop-off at school;
  157. d. Mother’s Day Sunday: if the children are not otherwise with the Respondent, then they shall be with her on Mother’s Day weekend; the parents will swap out the weekend before to make this happen;
  158. e. Victoria Day Weekend: the children will reside with the Applicant on Victoria Day Weekend in odd- numbered years and with the Respondent in even-numbered years, from Friday pickup at school to Tuesday drop-off at school;
  159. f. Father’s Day Weekend: if the children are not otherwise with the Applicant, then they shall be with him on Father’s Day Weekend; the parents will swap out the weekend before to make this happen;
  160. g. Canada Day weekend and the August Civic Holiday shall be governed by the week-about summer schedule:
  161. i. The parents shall make best efforts to ensure that the children can be with the Applicant on August 5th (as it is near his birthday) but understand that travel and other opportunities for the children may preclude this always being the case. Notwithstanding, if the children are on vacation with the Respondent out of the city, she shall ensure that the children call the Applicant;
  162. h. Labour Day Weekend:
  163. i. the children will reside with the Respondent on Labour Day Weekend in odd-numbered years from Thursday 6:00 pm to Monday at 6:00 pm, at which time the regular schedule shall recommence;
  164. ii. the children will reside with the Applicant on Labour Day Weekend in even-numbered years from Thursday 6:00 pm to Monday at 6:00 pm, at which time the regular schedule shall recommence;
  165. i. Thanksgiving Weekend: the children will reside with the Respondent on Thanksgiving weekend in odd-numbered years and with the Applicant in even-numbered years, from Friday pickup at school to Tuesday drop-off at school;
  166. j. Halloween: Starting in 2018, the children will be with the Applicant in odd-numbered years, from after school until 9:00 p.m., and with the Respondent in even-numbered years. The parent who is taking the children trick-or-treating shall be responsible for the evening’s costume;
  167.  
  168. Form 25: Order (general) (page 9) Court File Number DFO-(yy)-(file) k. Christmas Break:
  169. i. In odd-numbered years the children shall reside with the Applicant for the first half of the break (i.e., beginning at noon on the first day off) and with the Respondent for the second half of the break (i.e., the last day being 6:00 pm the night before school is back in session). In even-numbered years this schedule shall be reversed:
  170. 38. If a PD day falls on a parent’s weekend and he or she wishes to extend their weekend with the children to pick-up from school on Thursday or drop-off at school Tuesday (i.e., depending on whether the PD day is on Friday or Monday), he or she shall be permitted to do so upon 3 days’ written notice to the other.
  171. Summer, Vacation, and Holiday Care for the Children
  172. 39. (SON) shall not be left to babysit (DAUGHTER) until he has reached 13 years of age. If a parent is unable to arrange for a babysitter to stay with the children during the summer, vacation or holiday time they are with him or her due to employment obligations, that parent shall do one of the following:
  173. a. Arrange for the children to spend that time with their own family;
  174. b. Put the children in day camp; or
  175. c. If the other parent is available during part or all of a particular period, the children can spend that time in the other parent’s care from morning drop-off at the care-giving parent’s home until pick up by the other parent after work (pick up time to be agreed on in advance). Any extra time the children spend with the other parent as a result of this arrangement shall not be considered parenting time for the purpose of calculating child support.
  176. 40. Childcare shall be paid by the parent who requires it. In the event that a parent has the opportunity to obtain a childcare subsidy, the parents shall work together to arrange same.
  177. Special Events and Activities and Make-up Time
  178. 41. Notwithstanding the above paragraphs, the parents will at all times maintain a reasonable and flexible position respecting this schedule and at all times the best interests of the children will prevail. Accordingly, if special occasions family occasions become available to the children, or to either parent, neither parent will insist that the arrangements set out herein be adhered to without exception:
  179. a. In requesting a change, neither parent shall badger, coerce, or denigrate the other parent. All requests shall receive good-faith consideration with an eye to ensuring that the children’s best interests are kept in mind;
  180. 1. Notwithstanding this schedule, if the Respondent (who is due on December 21, 2018) is overdue, she shall be permitted to have the children with her from the day she goes into the hospital until two days after her baby is born. In the event that this impacts the Applicant’s holiday time, he shall be permitted to make up this time (anticipated to be 3-4 days) in the summer of 2019.
  181.  
  182. Form 25: Order (general) (page 10) Court File Number DFO-(yy)-(file)
  183. b. While the parents shall make best efforts to provide make up time of a similar amount when a special activity or event falls on the other parent’s time and the parents have agreed to rearrange the schedule, there will be no hour-for-hour accounting of parenting time – the parents agree that, as this matter is now resolved on an equal time basis, their focus shall be on the quality of time the children spend with them – not the quantity of time each parent gets.
  184. Phone Calls
  185. 42. Phone calls shall be addressed as follows:
  186. i. once during the weekday period (during the school year);
  187. ii. twice per summer week (during summer vacation), March Break, or Christmas week; and
  188. iii. three times if a parent elects to have the children for a two-week summer period;
  189. iv. no calls shall be required of the children on school year weekends unless they wish to do so;
  190. a. While both parents shall encourage the children to call the other parent once per day when they are not with him or her, the parents shall ensure that the children call the other parent at least:
  191. b. Notwithstanding the above, a missed phone call shall not be grounds to bring a contempt motion nor found a material change in circumstances. Both parents shall make best efforts to appreciate that their children’s desire to make and receive calls shall change with their ages and stages;
  192. c. There shall be no demands made on the children or other parent as to the quality, contents or duration of the calls. Both parents shall made best efforts to provide a quiet location from which the children can make their calls; and
  193. d. the children shall be able to call either of their parents whenever they wish.
  194. 43. The same terms as above shall apply for texts, Skype, FaceTime, or other forms of communication.
  195. Out-of-country Travel and Passports
  196. 44. The parents shall consent to the other’s travel out of Canada with the children upon reasonable preconditions:
  197. a. The travelling parent shall provide the other with a (best efforts) minimum of two months’ notice of any intended travel longer than a long weekend:
  198. i. Weekend trips on a parent’s own time shall require only one week’s notice;
  199. b. Within one month of travel, the travelling parent shall ensure that they have provided the other parent with a copy of their and the children’s paid round trip airline (or other transport) tickets and full itinerary, including any overland travel that is anticipated during the travel, as well as all names, locations and contact numbers for all places that the parent and the children anticipate that they will be staying during travel:
  200.  
  201. Form 25: Order (general) (page 11) Court File Number DFO-(yy)-(file) i. In the case of a weekend trip, this information shall be provided within 3 days of travel;
  202. c. Within one month of travel (or earlier if a visa must be secured for travel), the parents shall ensure that the travelling parent has the children’s passport as well as a notarized consent to travel. The travelling parent shall provide the other parent with a draft consent and shall reimburse the other parent for the cost of having the consent notarized:
  203. i. In the case of a weekend trip, this information and the passports shall be provided within 3 days of travel;
  204. d. Travel shall be limited to two weeks’ maximum unless more is agreed upon by the parents; and
  205. e. the children shall not miss more than one week of school with a parent for any travel unless the parents agree otherwise.
  206. 45. The passports shall begin in the care of the Applicant. In the event that the Respondent wishes to travel with the children, the passports shall be provided to her with sufficient time for her to obtain visas and other documentation as may be required per the terms above. She shall be permitted to hold onto the passports until such time as the passports are needed by the Applicant, etc.
  207. CHILD SUPPORT
  208. 46. There are no arrears of child support as of October 31, 2018.
  209. 47. Child support shall, beginning November 1, 2018, be set in the amount of $($$$)/month payable from the Applicant to the Respondent, which represents a section 9 set-off of:
  210. a. child support from the Applicant in the amount of $($$$)/month, i.e. the Guidelines Table amount for two children on the Applicant’s 2017 declared income of $($$$); less
  211. b. child support from the Respondent in the amount of $270/month, i.e. the Guidelines Table amount for two children on an income of $18,200, being an imputed 25-hour per week minimum-wage ($14/hour).
  212. 48. Each parent shall claim their share of the Canada Child Benefits. The Applicant shall be entitled to claim (SON) as a dependent on his returns, and the Respondent shall be entitled to claim (DAUGHTER) as a dependent on her returns; this shall not change once (SON) is no longer eligible to be claimed.
  213. Section 7 Expenses
  214. 49. There are no arrears of section 7 expenses as of October 31, 2018.
  215. 50. Beginning November 1, 2018, section 7 special expenses for the children (for dental, medical, and educational purposes) shall be shared on a 75% Applicant / 25% Respondent basis, being a proportionate share (rounded to the nearest 5%) based upon the Applicant’s 2017 declared income of $($$$) and a for-resolution without- prejudice imputed full-time minimum-wage income to the Respondent in the amount of $29,120 per year.
  216. 51. Section 7 expenses for the children are:
  217.  
  218. Form 25: Order (general) (page 12) Court File Number DFO-(yy)-(file)
  219. a. that portion of the medical and dental insurance premiums attributable to the children;
  220. b. health- and dental-related expenses that exceed insurance reimbursement by at least $100 annually, including but not limited to orthodontic treatment, professional counselling provided by a psychologist, social worker, psychiatrist or any other person, physiotherapy, occupational therapy, speech therapy and prescription drugs, hearing aids, glasses and contact lenses;
  221. c. expenses for primary or secondary school education or for any other educational programs that meet the children’s particular needs (where a similar program is not available through the school); and
  222. d. expenses for post-secondary education after the children’s reasonable contribution (including OSAP) is considered.
  223. 52. A parent claiming reimbursement for a section 7 expense shall provide proof of payment of the expense upon seeking reimbursement, the reimbursing parent shall reimburse them within 15 days, at which time they shall receive a receipt for that payment, so they can claim same on their tax return.
  224. 53. The parent who has paid for the expense shall send the other parent a receipt for payment, at which time the reimbursing parent shall remit their payment within 7 days (following which they shall receive a receipt for their share of the payment from the paying parent):
  225. a. In the event that the expense is covered by insurance, both parents shall remit the expense to their insurer (if available) before any contribution is made, i.e., to minimize the cost to which contribution needs to be made;
  226. b. Both parents shall ensure that the other has a copy of any insurance card for the children available to him or her; and
  227. c. Each parent shall reimburse the other for any medical or dental expense reimbursements that may arise as a result of co-payments made to any service provider who accepts a parent’s insurance for services rendered for the children, within 7 days of the parent receiving reimbursement of a co-payment she or he did not make to the children’s service provider. At that time, the parents shall determine the contribution each party is to make.
  228. Section 7 Contributions to Extra-Curricular Activities
  229. 54. Each parent shall be entitled to enroll the children in activities on his or her parenting time during the school year. The cost of these extra-curricular activities shall be shared as follows:
  230. a. The Respondent shall pay 25% of activity fees incurred by the Applicant for the children to the Applicant on provision of a receipt for same, to a maximum payout to the Applicant of $500/year; and
  231. b. The Applicant shall pay 75% of activity fees incurred by the Respondent for the children to the Respondent on provision of a receipt for same, to a maximum payout to the Respondent of $1,500/year.
  232.  
  233. Form 25: Order (general) (page 13) Court File Number DFO-(yy)-(file)
  234. 55. A parent claiming reimbursement for a section 7 extra-curricular expense shall provide proof of payment of the expense upon seeking reimbursement, the reimbursing parent shall reimburse them within 15 days, at which time they shall receive a receipt for that payment, so they can claim same on their tax return.
  235. 56. Children shall not be enrolled in weekend or summer activities unless both parents agree this should be done. In the event that a parent does not agree to enroll a child, that parent shall not be required to contribute to the cost of the activity or take the children to the activity. In the event that the parents agree to a weekend or summer activity for the children, the cost of same shall be shared on a 75% Applicant / 25% Respondent basis.
  236. Changes to child support
  237. 57. A material change in the condition, means, needs or other circumstances of the parents or children may be foreseen or unforeseen, foreseeable or unforeseeable, and may include:
  238. a. a material change in either party's financial position (beginning in 2020);
  239. b. a change causing undue hardship for either party or the children;
  240. c. a change in a child’s special or extraordinary expenses;
  241. d. a change in a child’s residence that affects the amount of child support under the Guidelines;
  242. e. a child turning 18 years of age;
  243. f. a child finishing his or her first degree or diploma; or
  244. g. a change in a child’s need for support.
  245. Annual Income and Employment Disclosure
  246. 58. The parents shall disclose any change in their employment status and income within 7 days of such change.
  247. 59. In the event that the parents are unable to agree as to the resultant change in child support or that the other parent has in fact properly disclosed a change in their employment status or income, either parent shall be free, on proper notice to the other parent, to bring a Motion to Change to address the change.
  248. 60. Beginning in 2020, the parents will exchange income tax returns and notices of assessment and reassessment (if and when available) by June 1st, at which time the set-off of child support and the proportion of section 7 expenses shall be readjusted based on the parents’ actual incomes. In the event that the parents are unable to agree as to a change to be made by July 1st of 2020 or any subsequent year, child support and contributions to section 7 expenses shall continue at the level then in place, and either parent shall be free, on proper notice to the other parent, to bring a Motion to Change to address the change.
  249. SPOUSAL SUPPORT
  250. 61. There are no arrears of spousal support as of October 22, 2018.
  251.  
  252. Form 25: Order (general) (page 14) Court File Number DFO-(yy)-(file)
  253. 62. In consideration of the child support regime being fixed to the year 2020, there shall be no further spousal support payable to or from either parent, now or in the future.
  254. DISPUTE RESOLUTION MECHANISM
  255. 63. If the parents disagree about a reviewable term of this order and a mechanism to address same is not already contained herein, they will first try to resolve the dispute through negotiation on the following terms:
  256. a. The parent seeking a change in any variable term will make the request for review or variation by giving the other, in writing:
  257. i. notice of the proposed change;
  258. ii. evidence supporting the proposed change; and
  259. iii. any requests for information from the other necessary to determine the issue;
  260. b. A request under subsection (a) above will be answered within 15 days;
  261. c. If the parents are unable to resolve the dispute through negotiation within 30 days of the request for review or variation, they will mediate the issue on the following terms:
  262. i. They will engage a mutually-agreeable mediator, or if they are unable to agree to a mediation, the first roster mediator available to them from mediate393 (www.mediate393.com);
  263. ii. They will share the cost of mediation in proportion to their incomes, or if there is a sliding scale payment system available, either may avail themselves of it without contribution from the other;
  264. d. If the parents are unable to resolve the dispute through negotiation and/or mediation within one mediation session (not including the intake), either of them may bring commence the applicable proceeding in the court to resolve the dispute. Except in the case of an emergency, the parent commencing a court proceeding will give the other parent no less than 7 days’ notice of the commencement of the proceeding.
  265. Dispute Resolution for Serious Decision Making
  266. 64. As non-emergency serious, life-altering, or surgical decisions (“serious decisions”) are required by this order to be made jointly, the parents will make such decisions through written consultation with each other, as well as in-person joint consultation with the doctor, dentist, surgeon, etc. who will be providing the treatment. If the parents are unable to resolve a serious decision issue within 3 days of the beginning of this consultation process (provided that they have jointly met with the service provider at least once), they shall be free to bring the matter to court on proper notice to the other.
  267. Other
  268. 65. There shall be no order as to costs to or from either party resulting from this proceeding, whenever claimed or ordered.
  269.  
  270. Form 25: Order (general) (page 15) Court File Number DFO-(yy)-(file)
  271. 66. This order bears post-judgment interest at the rate of three (3) percent per year, effective from the date of this order. Where there is a default in payment, the payment in default shall bear interest only from the date of default.
  272. THIS COURT ORDERS THAT, unless the order is withdrawn from the office of the Director, Family Responsibility Office, it shall be enforced by the Director, and amounts owing under the order shall be paid to the Director, who shall pay them to the person to whom they are owed.
  273. Put a line through any blank space left on this page.
  274. Date of signature Signature of judge or clerk of the court
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