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Tuesday, November 6, 2012

"Normal" or "usual" access schedule

We are frequently asked by parents about a "standard" or "normal" access schedule. Is there such a thing?

Not really ~ access schedules vary with families, the parents' work commitments and the child's/children's needs but there are some patterns (assuming parents are not sharing the children's residence), for example:

1. Alternating weekends, with a mid-week visit. Here, there may be variations as to:

a. the beginning and end of the weekend access (eg: Friday after school or Saturday morning (for the start) and Sunday evening or Monday morning at school (for the end);

b. the duration and frequency of the mid-week access - it may be an overnight or just dinner, for example. It may also be limited only to weeks which do not end with the access parent's weekend.

2. alternating Saturdays and Sundays (with the parents sharing each weekend but alternating as to the day);

There are a number of other variations of the above themes, depending on each family's needs.  The keys to making any access arrangement work, for the children and the parents, are:  open minds, good faith, patience and a recognition that children must never be caught up in disputes between their parents.




Amedeo Modigliani - Seated Woman in Blue Dress - 1918

6 comments:

  1. Hi, just curious about the sanctity of the child's usual/regular schedule. I think that the child's (7 years old) usual/regular schedule should never change unless the parents agree or a change motion is granted. Now, holidays and special occasions should override the regular schedule, but once those are done, the child should always return to the usual schedule to maintain consistency and predictability for the child. Am I assuming correctly?

    ReplyDelete
    Replies
    1. Please NOTE: this response does not constitute legal advice:
      Daniel, the court considers each situation on a case by case basis but there are some common, overriding themes: children should be afforded as much structure and stability as possible. Courts do not like to "fix" what is not broken - if on a motion to change, a parent takes the position that a change is required, that parent bears the burden of showing why the status quo is not working. A Judge is not likely to alter arrangements which work and which offer a child stability and structure unless there are very good reasons to do so. Hope this helps. Remember that if there is a court order that is not being followed, the parent who wants the terms of the Order to continue can enforce them before the Court.

      Delete
  2. Thank you, this has been helpful.

    ReplyDelete
  3. Hi, just curious as to what an, "important decision" means. My ex and I have joint custody with parallel features. I have education, he has medical. Is making an appointment for a routine, 6-month check-up considered an, "important decision", or are things like deciding on whether he gets braces or dental surgery considered, "important".....Thanks,

    ReplyDelete
    Replies
    1. PLEASE note: the following response does not constitute legal advice.

      Pauline, a good question: - you should know that courts consider these cases on a case-by-case basis but overall, in my view, making a routine apt is not a major decision - am I understand that you want to make the apt and he is saying it's his area of decision-making? Also, some agreements on parallel parenting actually carve out what "major decisions". Does your say anything about this?

      Delete

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