This is a SHARED PARENTING AGREEMENT made ___________ this day of __________________, 20____ NAME OF PARENT 1 - And - NAME OF PARENT 2 court file No. ____________ SUPERIOR COURT OF JUSTICE (Regional Municipality of Toronto) BETWEEN PARENT 1 Petitioner and PARENT 2 Respondent PARENTING RESPONSIBILITY DOCUMENT (based on 50/50 parental responsibility) Whereas 1) The mother and father were married on January 1, 1999 in Ontario. 2) The parties have the following child of their marriage, namely Child , born on January 1, 2000, who currently is 1years of age. 3) The parties have lived separate and apart since January 2, 2000. 4) Both parties wish their child to have a meaningful and loving relationship with each of the parents. Each parent recognizes that the child will benefit from a positive relationship with the other parent and that the child will benefit if the parents remain committed to shared parenting. Now therefore, the parties acknowledge the following: BASIC PRINCIPLES 5) That the child wishes to be able to love and to respect both parents, regardless of the present separation or future marital status of either of the parents and that the separation of the parents should not interfere with the rights of the child to love, be loved and to be parented by both parents. 6) That it is essential and in the best interest of the child that the child maintain regular, frequent and healthy contact with both parents. 7) That this agreement provides a clear mechanism to help guide the parents, which will result in a reduction in conflict, which is to the best interest of the child. 8) That there will be personal sacrifices that the parents will each have to make for the child as a result of their decision to separate. For this reason the parties recognize that the child's welfare is paramount and the child's needs will take precedence over the needs of the parents for the purposes of accommodating the best interest of the child. 9) That the child is sensitive to any conflict and bad feelings between the parents. 10) That the parents will not allow their disagreements of the past to influence the current situation. 11) That any form of activity intended to alienate the child from the other parent is harmful to the children. (Referred to as Parental Alienation). 12) That it is in the best interests of the children to have the children spend as much time with family members as possible in preference to care by non family members. 13) That equally sharing of costs of responsibilities relating to the children will remove conflict between parents which is in the best interests of the child. 14) That reducing child care costs and maximizing tax benefits to the parents is in the best interests of the parents as well as the child. 15) That flexibility and co-operation benefits both child and parents. 16) That the use of friendly and non adversarial language will reduce conflicts and feelings of hostility between parents and ensure that the child feels that both parents are of equal importance which will be in the best interest of the child. DEFINITIONS 17) The following terms in this agreement are defined as following: (a) "Resident Parent" refers to the parent with whom the child is residing, according to the schedule set out in this agreement. During the time that one parent assumes the resident parent role the other parent automatically becomes the non-resident Parent. (b) "Non-Resident Parent" refers to the parent with whom the child is not residing, according to the schedule set out in this agreement. During the time that one parent assumes the non-resident parent role the other parent automatically becomes the resident Parent. (c) "Child" refers to the child listed in paragraph 2 of this agreement who is the child of the husband and wife. If there is more than one child of the marriage then the word "child" in this agreement will be taken to mean children" (d) "Family Law Act" refers to the Family Law Act of Ontario, 1986 (e) "Spring Break Holiday" refers to that portion of the calendar year designated as the spring break holiday by the school where the child attends. (f) "School night" refers to the evening immediately preceding a normally scheduled school day at the school that the child attends. For children who are not of school age, this will also apply to the night prior to attendance at a regularly scheduled daycare or babysitting facility. (g) "Christmas holiday period" - refers to that portion of the calendar year that the school where the child attends has designated as the Christmas holiday period (h) "Summer holiday period" refers to that portion of the calendar year that the school where the child attends has designated as the summer holiday period (i) "Long weekend" refers to any weekend where an additional holiday has been added immediately before or after the Saturday and Sunday weekend period as part of a holiday that is generally celebrated by others in the community. (j) "Major Holiday" – a holiday which is at least three days and two nights in length, and which occurs more than 150 KM from home. (k) "Immediate geographical area" – refers to the geographical area within a 200 km radius from the Residential parent's home. (l) "Family Support Persons" – refers to those persons who have been requested to assist the family in complying with this parenting responsibility document and to ensure, to the best of their ability, that the bests interests of the child is being protected. Their duties to include but not limited to such duties as reviewing complaints by either party, providing third party witness to incidents, providing reports or evidence to other parties or to the court, etc. CUSTODY/PARENTING 18) Both parents shall be considered equal and shall have equal custody and parental responsibility for the child. RESIDENCY 19) The child will reside with each of the parents on a full and equal shared residency basis in accordance to the schedules set under this agreement. Neither of the parent’s homes will be designated a primary residence for the purposes of designating one parent the support payer and one the support recipient. NAME OF THE CHILD 20) The name of the child will remain as per birth and will not be changed without the written consent of both parents. This provision shall be deemed to be a bar to any such application and may be filed with and shall be binding upon any officer of the Office of the Registrar General appointed under the Vital Statistics Act who received such application by either party in contravention of this provision. JURISDICTION & MOBILITY 21) For the sake of consistency and predictability, the parents will do their best to maintain the child’s current residency and parenting arrangements. Should either parent wish to move to a location which may create a situation in which it may not be practical to maintain an equal shared parenting arrangement, and the child is over the age of 8 years of age, then the child will have the choice of which parent she may wish to reside with. Both parents will respect her wishes at that time. Should the child be less than 8 years of age at the time then the residency of the child and parenting arrangements will be determined subject to a full re-assessment of the family situation which is to be done prior to any move of the child. 22) Neither parent shall move the child out of the local community of Toronto, Ontario without the written consent of the other parent. WISHES & PREFERENCES OF THE CHILD 23) Both parents will respect the age appropriate wishes and preferences of Angelica in regards to matters, such as, the child’s desire to be with certain members of her family, privacy on the phone, etc., providing her wishes are reasonable and consistent to the best interest of the child. PARENTING SCHEDULE 24) Except for the circumstances provided for in this agreement, the child shall reside with each of the parents on an equal shared parenting basis in accordance to the parenting schedule attached as "Schedule A". This shall be referred to as the basic parenting schedule and may be changed as circumstances change upon mutual consent of the parties. EDUCATION 25) The child will begin her education in the community of Toronto, Ontario and will maintain consistency by attending the designated educational institutions that are in the community of Toronto. CONTACT WITH THE SCHOOL 26) Both parents will have equal and unrestricted access to all matters relating to the child’s activities at school, including participation on school outings and activities. 27) Both parents will have the equal right to communicate with the school at any time, independently or jointly in order to discuss matters relating to the child. 28) Both parents will have the equal right to take the child out of school for reasonable reasons such as, but not limited to, having lunch or to attend special events. DAY CARE 29) Currently the child is in daycare and requires babysitting before and after school on some days. The child shall continue with the current daycare provider. 30) Arrangements for daycare, including changing of day care providers shall be made jointly and with full consultation with the other parent. DECISION-MAKING 31) The resident parent is responsible for making the routine day to day decisions affecting the child during the time that the child is in his/her care. 32) All significant decisions relating to the child, not already covered in this parenting agreement will be made jointly by the parties. 33) The resident parent may make emergency decisions affecting the child. A reasonable attempt must be made to contact the other parent under such circumstances. 34) Should any parent refuse to grant consent in areas where mutual decision making is called for, then this action shall be considered a violation of the intent and spirit of this parenting plan. Such action shall be considered in any future court action regarding a change in custody deemed as warranting modification to the parenting plan TELEPHONE CONTACT BETWEEN PARENTS & CHILD 35) The Resident Parent will at all times allow the child to have a reasonable amount of time on the phone at reasonable times with the Non Resident Parent. 36) Both parents will respect the child’s privacy while she is on the phone to the other parent and will not annoy or harass the child while she is talking to the other parent. ADMINISTRATION OF DRUGS & ANTIBIOTICS TO CHILD 37) Neither parent will permit the prescription of any form of antibiotic to the child without the permission of the other parent or unless prescribed by a doctor in an emergency situation. GENERAL HEALTH & MEDICAL 38) Both parents agree that no major medical procedures or operations will be undertaken in relation to the child without joint parental consent, unless in the case of an emergency requiring immediate treatment, as advised by a legally qualified medical practitioner, and that all reasonable efforts be made to contact the other parent. MUTUAL AGREEMENT FOR CHANGES 39) The parties may make changes to this parenting responsibility document and have parenting time with the child at any and all times mutually agreed between the parents. Any of the parenting schedules outlined in this agreement may be altered or changed upon mutual consent of both parents. 40) Should changing family circumstances or more permanent changes to the parenting responsibility document at the request of the parties require that the parenting document be changed or modified on a more permanent basis, then the parties shall revise the parental responsibility document and have the changes witnessed by a third party. Each party will review the agreement no less than once per year for the purposes of updating the documents to reflect current family conditions. EXTRA CURRICULAR ACTIVITIES 41) Both the parents have the right to attend any extra curricular activities that the child may be involved in at any time, whether it is that parent's time to be with the child or not. The Resident Parent will advise the Non Resident Parent of any extra curricular activities that the child may be involved in during parenting time of the Resident Parent so that the Non Resident parent may have the opportunity of attending such activities. 42) Neither parent shall schedule time for activities with the child during the other parent’s normal parenting time without the written consent of the other parent. 43) The parents agree to share the costs of all extra curricular activities that they mutually agree to have the child participate. These activities and their shared costs are indicated in the budget with this agreement. PARENTING STYLE & CHILD GUIDANCE 44) Each parent shall respect the other's parenting style and privacy providing such parenting style does not violate the child’s best interests. 45) Both parents agree to cooperate to ensure that there is cooperation in discipline and that neither one of them will allow the child to leave the other parent’s home in order to avoid facing discipline of the other parent’s home. 46) The parents will not argue in front of the child and will refrain from making any kind of derogatory comments about the other parent while in the presence of the child. The parents are not to pressure the child to take sides in any issues between the parents. COMMUNICATION BETWEEN PARENTS 47) All communication of importance or where a misunderstanding may develop will be by writing, fax, or through a third party. 48) Neither parent shall use the child, either directly or indirectly, to take verbal or written messages between the parents unless the messages should involve the child such as communication about the child’s homework, etc. 49) Each parent will advise the other parent of any scheduled parent-teacher meetings of the school and community functions in which the child is involved, and any meeting where professionals may be involved. Copies of report cards will be given to the other parent as soon as possible after a report card has been received. 50) Each parent will make best efforts to share appropriate information about the child’s schooling and health as well as information about any important events in the child’s life. TRAVEL 51) Neither parent will take the child out of the country without the written consent of the other party, such consent not to be unreasonably withheld. In the event that either party is taking the child out of the country they shall give a brief itinerary of travel arrangements. DOCUMENTS 52) Neither parent will apply for any passport documents for the child without the prior written consent of the other parent. 53) Each party will provide the other party, upon request, the child’s passport and/or birth certificate upon demand of the other should the other parent be traveling outside of the country with the child. 54) Each parent will provide the other parent with any documents that may be needed from time to time that may be relevant to the welfare of the child including birth certificates, health care cards, immunization records, etc. Both parents will keep such documents in their possession in a safe and secure place. 55) Each parent will have the right to full access to medical, dental, and educational records and information in relation to the child. TRANSPORTATION OF CHILD 56) Both parents will share in transportation of the child. Each parent will drop off the child at the end of their parenting period appropriately dressed for the weather. AVOIDANCE OF LEGAL COSTS 57) The parents will take all reasonable steps to avoid litigation which only hurts both parents and diminishes the ability of the parents to provide for the child’s care now and in the future (such as when the child may need post secondary education) CHILD SUPPORT 58) Each parent shall contribute a fair amount to the child as agreed in the budget attached as Appendix "B" to this parenting plan. The money will be deposited in a joint chequing account with both parents being allowed to spend their assigned share on the child in accordance to the budget. The parents will mutually decide how to spend any surplus amounts, if any. 59) Should, at any time, the parents feel that the budget needs to be modified to take into account for any factor which relates to the support of the child, such as increases or decreases in costs relating to him/her, income of the parents, the budget can be revised by mutual written consent, properly witnessed. DISPUTE RESOLUTION PROCESS 60) Should disagreements arise about the child or the terms and conditions contained in this parenting responsibility document, the parties shall attempt resolution of the dispute through alternate dispute resolution process before taking action through the courts. The dispute resolution process shall be open. 61) In the event of a dispute, each parent agrees to appoint their own support person to assist them in resolution of any conflict. This person could be anyone outside of the family and may include a professional such as a mediator, counselor or other conflict resolution person. This person will work in cooperation with the other parent’s support person to assist the family resolve their difficulty. 62) The parties agree that they will share the costs of any dispute resolution process on an equal 50/50 basis or on a ratio of their respected incomes, whichever is the higher of the two methods for the person who initiated the conflict resolution process. 63) That both parents will discuss openly with the conflict resolution persons with a view to work out a mutually satisfactory resolution. If after 60 days, the parents are still unable to agree through a conflict resolution process, then either parent can make an application to the court having relevant jurisdiction to resolve the dispute. 64) The conflict resolution person(s) shall file a complete report on the attempt to mediate with the court which will include anything that the they consider relevant to the issues in dispute. CHILD TAX CREDITS 65) In order to maximize tax advantages, the parent who can apply the child tax credit for the child in a manner that will result in the greatest tax benefits will claim the child on their personal income tax form. 66) Taxes saved as a result of claiming the child on one parent’s personal taxes will be used to benefit the child and will be deposited in the child’s bank account to be kept as savings or to be used at the parties jointly agree. Such monies to be deposited in the child’s account as soon as any tax savings are received. CHILD’S SAVINGS 67) Each parent will contribute to the child’s savings plan in accordance to the monthly budget set out in the schedule. Payments will be made monthly - bimonthly - quarterly) by each parent paying directly to the child's account. 68) The savings account will be held jointly in the names of the parties. Neither parent will have the right to withdraw any of the money without the consent of the other. MEDICAL EXPENSES 69) Each parent will share equally the costs of any necessary medical expenses relating to the child that are not covered as part of any medical plan. Either parent requesting money from the other will provide receipts upon requests for such additional expenses. 70) Should either of the parents receive medical insurance coverage through employment for themselves or other members of their family, and this can be used for the child, then each parent will allow use of their plans at no cost to the other parent. Both parents will release to the other parent copies of any medical insurance plan so that the type and extent of coverage can be determined. MISCELLANEOUS 71) Each parent will share, equally, any reasonable and necessary expenses relating to the well-being and best interest of the child. Expenses for the child that would be in excess of the amount budgeted for in this agreement will require the mutual prior consent of both parents. Once the parents are in agreement to such expenses then the both parents will contribute to the required expenses as soon as possible. If one parent has been given the authority to spend the money and then to be reimbursed by the other parent, then that parent will upon request provide a receipt to confirm the expenditure for the child. AGREEMENT TO PREVAIL 72) This agreement prevails over any matter that is provided for in (a) The Family Law Act (b) Any succeeding legislation and; (c) Any subsequent domestic contract between one of the parties and another person. SEVERABILITY OF TERMS 73) Except as otherwise provided, all of the terms of this shared parenting agreement are severable from each other and shall survive the invalidity of any other term of this agreement INDEPENDENT LEGAL ADVICE 74) Both parents acknowledge that he or she: (a) Has had spoken to a lawyer and obtained independent legal advice (b) Has read this agreement in its entirety and has full knowledge of the contents (c) Understands his or her respective rights and obligations under this agreement, the nature of the agreement, and the consequences of this agreement. (d) Acknowledges that the terms of this agreement are fair and reasonable (e) Is entering into this agreement without any undue influence, fraud, or coercion whatsoever, and is signing this agreement voluntarily. EXECUTION 75) To evidence that both parties are in agreement to the terms and conditions contained in this document, both parties have each signed this document under witness. Dated this ___________ day of _______________, 2000 _________________________________ ________________________________ Signature of Parent 1 (Witness) Dated this ___________ day of _______________, 2000 _________________________________ ________________________________ Signature of parent 2 (Witness) APPENDIX "A" SHARED PARENTING SCHEDULE (Based on a 50/50 Parental responsibility) BASIC PRINCIPLES 1) The following are the basic principals and intentions upon which this parenting schedule has been based. a) To provide a parenting schedule that is fair for the child and provides the child with as equal as possible parenting time with both parents which is in the best interests of the child. b) To provide a parenting schedule that provides a reasonably consistent, regular, and predictable schedule for both the child and the parents. c) To provide a parenting schedule that will minimize the breakup of weekend family parenting periods so that each parent will have the opportunity to fully enjoy weekend outings and family activities with the child without the worry of a conflict due to being unable to drop off the child to other parent's place of residence at a specified time on Sunday evening. d) To accommodate long holiday weekends which include a Monday without any special changes of schedules as the child will always be with same parent on the Monday as was during the weekend immediately preceding. e) To accommodate transportation for the child that is convenient, consistent and regular for both the parents and the children. REGULAR PARENTING PERIODS 2) Each weekly parenting period will commence from the commencement of school Monday morning after the child arrives at school and will continue to the following Monday at the same time unless otherwise provided in this agreement. SICKNESS OR UNSCHEDULED PARENTING DAY 3) In the event of illness, should the Resident Parent or a member of the Resident Parent's immediate household or family not be able to care for the child, then the non resident parent will be contacted and given the first opportunity to care for the child for that particular day should it be practical for the child to be transported to the home of the non residential parent. CHRISTMAS HOLIDAY PERIOD 4) Odd numbered years - the father will be allowed to parent the child from Christmas eve day at 12:00 p.m. (noon) continuously through Christmas Eve until 2:00 p.m. Christmas Day. If this is the father's regular time as resident parent then no change in schedule is required. The mother will be allowed to parent the child from Christmas day at 2:00 p.m. to 8:00 p.m. the following day. Whichever parent is the non resident parent for the week when the child is off school will also be given one additional day during the Christmas week that the children are not attending school. Which night of the week Christmas does occur on the non-resident parent for the week should have a total of 2 full mid week days with the children. 5) Even numbered years - the mother will be allowed to parent the child from Christmas Eve day at 12:00 p.m. (noon) continuously through Christmas Eve until 2:00 p.m. Christmas Day. If this is the mother's regular time as resident parent then no change in schedule is required. The father will be allowed to parent the child from Christmas day at 2:00 p.m. to 8:00 p.m. the following day. Whichever parent is the non resident parent for the week when the child are off school will also be given one additional day during the Christmas week that the child are not attending school. 6) It will be the responsibility of the non-resident parent to pick up the child and drop him back at the assigned times when they are the non resident parent. NEW YEARS EVE AND NEW YEARS DAY 7) On odd numbered years - the father will be allowed to parent the child from New Year's Eve day at 12:00 p.m. (noon) continuously through New Years Eve until 2:00 p.m. New Years Day. If this is the father's time as resident parent then no change in schedule is required. The mother will be allowed to parent the child from New Years Day at 2:00 p.m. to 8:00 p.m. the following day. 8) On even numbered years – the mother will be allowed to parent the child from New Year's Eve day at 12:00 p.m. (noon) continuously through New Years Eve until 2:00 p.m. New Years Day. If this is the mother's time as resident parent then no change in schedule is required. The father will be allowed to parent the children from New Years Day at 2:00 p.m. to 8:00 p.m. the following day. 9) It will be the responsibility of the non-resident parent to pick up and drop the child off at the assigned times when they are the non-resident parent during that period. MAJOR HOLIDAYS DURING THE CHRISTMAS HOLIDAY PERIOD 10) Should one of the parents wish to take the child on a major holiday which may interfere with the other parent’s parenting time, then agreement must be obtained from the other parent in order for this to be allowed. 11) If one parent grants to the other parent the opportunity to take the child away during Christmas Eve or Christmas Day, then the parent who grant permission shall have the right of first refusal the following calendar year to take the child away under equal consideration during the Christmas holiday period following in the next year. 12) Should one parent request to take the child on a Christmas holiday during the Christmas period and should the other parent refuse such permission, then the parent making the request to take the children on a holiday may at their option take the child out of school for a one week period immediately before or following the normal Christmas break, for the purposed of taking the child on a holiday, providing the child’s teacher at school feels that this will not interfere with the child’s studies in any significant way. SPRING BREAK HOLIDAY 13) On odd numbered years - the father will have the option to parent the child for the school March Break if it is not his week to be Residential Parent. If the father exercises his option to have the child, he will exchange the week before or after as make up time, to be decided by the mother. 14) On even numbered years – the mother will have the option to parent the child for the school March Break if it is not her week to be Residential Parent. If the mother exercises her option to have the child, she will exchange the week before or after as make up time, to be decided by the father. PARENTS' BIRTHDAYS 15) The parents agree that the child will be allowed to make his/her own arrangements to be with either of the parents should the parents be celebrating their own birthday. Both parents will respect the child’s wish and will accommodate the child to see the other parent on their birthday if the child chooses. EXTENDED FAMILY MEMBERS BIRTHDAYS & SPECIAL EVENTS 16) Bother parents agree that it is in the best interests of the child to be in the company of family and friends during important events that occur with each family. Both parents agree to mutually rearrange their respective parenting schedules to accommodate special and reasonable events of the other parent, such as but not limited to, visits by out-of-area relatives including grandparents, aunts, uncles, cousins, special friends, funerals, wedding, special family events, etc. 17) Should special events cause one parent to lose some of their regularly scheduled time with the child, then the parent will be given make-up time. THANKSGIVING & EASTER HOLIDAY 18) On odd calendar years, father will have the first choice to take the child away during the regular scheduled Easter Holiday weekend or part thereof and the mother will have the first choice to take the child on the Thanksgiving holiday weekend or part thereof. If the parent exercising their option to take the child for the weekend is taking that time away from the time that would normally have been the Non Resident Parent, then that parent will forfeit to the other parent the weekend immediately before or following the holiday weekend. 19) On even calendar years the same conditions will apply as the odd calendar years except that the words "father" and "mother" will be reversed. 20) If the parent having the first option of having the child for the whole weekend does not exercise their option to take the child away for the Easter or Thanksgiving weekend, then the normal parenting schedules will be maintained during these periods with the exception that the Non Resident Parent will have one day with the child during the weekend between the hours of 11:00 am and 8:00 p.m. at night. This will allow the Non Resident Parent to visit family with the child for at least one of the days of the weekend. The Resident Parent will first chose which day of the weekend they wish the child to be with them and the Non Resident Parent will get choice of the second day of the weekend. The Non Resident parent will be responsible to pick up the child and drop the child back to the home of the Resident Parent. HOLLOWEEN 21) On odd numbered years - the father will have the child for Halloween. If it is not the father’s parenting week then the father will pick up the child at the mother’s home or daycare (whichever is earliest) and return the child to the mother’s home, bathed, cleaned and ready for bed by 9:00 pm. 22) On even numbered years - the mother will have the child for Halloween. If it is not the mother’s parenting week then the mother will pick up the child at the fathers home or daycare (whichever is earliest) and return the child to the father’s home, bathed, cleaned and ready for bed by 9:00 pm. SUMMER HOLIDAYS 23) During the summer the regular alternating weekly schedule will remain in place unless changed to provide for the parents vacation periods. 24) Each parent will be allowed at least one 2 week continuous parenting period of their choice with the child each summer should this be required this for vacation purposes. Each parents will provide at least 45 days notice to the other parent of which period they wish to have the child during their summer vacation period should this be required. MOTHER'S DAY OR FATHER'S DAY 25) The child will be allowed to spend Mother's Day with the mother. Should Mother's Day fall on a day when the mother would normally be considered the Non Resident Parent, then the mother will be allowed to pick up the child from the father's home as early as 12:00 p.m. (lunch time) and then to return him to the father’s home no later than 9:00 p.m. the same night. For Father’s day the child will be allowed to spend it with his father under the same terms and conditions as outlined for Mother’s day. THE CHILD’S BIRTHDAY 26) The child will celebrate his/her birthday with the parent who is the Residential Parent at the time. The Non-Residential parent at the time of the child’s birthday will celebrate the child’s birthday either the week before or after the actual date of the child’s birthday. The Non-Residential Parent will be allowed to telephone the child on his/her birthday. LONG WEEKENDS 27) Should a holiday fall on a Monday, which is the normal exchange time, then, the exchange day will be moved ahead to Tuesday at the same time to allow the Monday to be combined with the weekend to make it a long weekend. Make up time will not be provided for long weekends. ATTACHMENTS TO THIS SCHEDULE 28) Appended to this parenting schedule, is a schedule of parenting times up to and including __________________(one year after date), marked as appendix "A-1". This chart is for purposes of determining the basic parenting periods. Mid week, vacation, or other minor variations to the schedule are not shown on this chart but are covered by the specific clauses of the parenting responsibility document. END OF SCHEDULE "A"
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