Stipulation Of Settlement

STATE OF NEW YORK FAMILY COURT: COUNTY OF Petitioner, -vsSTIPULATION OF SETTLEMENT Docket No. Respondent. Stipulation made this day of referred to as Father or Petitioner) and Mother or Respondent) , 20 , between (herein (herein referred to as , WHEREAS, the above-named parties have one child in common, born (hereinafter referred to as Child); and WHEREAS, born child; and is the natural father of and , is the natural mother of said WHEREAS, the above captioned proceeding is currently pending in this Court to institute visitation; and WHEREAS, the Petitioner and Respondent herein were subject to an Order of the Family Court of County dated , which directed that Petitioner have supervised visitation with the child and WHEREAS, following that prior Order the father did not exercise visitation with the child for a period of approximately eight (8) years; and WHEREAS, following his absence from the child's life, the parties did arrange an informal visitation schedule through which the father was provided with access; and WHEREAS, the father petitioned this court for an Order with respect to access with the child of the parties, and WHEREAS, following negotiation, and with instruction and guidance from the Court, all parties mutually desire to resolve the current visitation matter now pending between them in then County Family Court without prejudice to the rights of any party herein to bring and maintain an appropriate action in the future: American LegalNet, Inc. www.USCourtForms.com NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, that the Father's access shall be as follows: Weekends: Beginning each Saturday at 1:00 p.m. and continuing until Saturday at 8:30 p.m. Days of Special Meaning: (a) Mother's Day and the mother's birthday shall always be spent with the mother. Father's Day and the father's birthday shall always be spent with the father, regardless of which parent is scheduled for regular access. (b) The child's birthday shall always be divided by the parties as they can agree. The parties shall work to provide each other with additional access time around that occasion. If the parties cannot agree, the child's birthday shall be spent with the parent who has custody or visitation on the actual birthday. The other parent will celebrate the child's birthday when the child is next with the parent. Holidays: Parents may wish to change by agreement a holiday at least one (1) week in advance in order to observe family or religious traditions. If not changed by agreement, holiday times are as follows: Even-Numbered Years Easter-Mother Memorial Day - Father July 4th - Mother Labor Day - Father Halloween - Mother Thanksgiving - Father Christmas Eve - Mother Christmas Day - Father New Year's Eve/Day - Mother Odd-Numbered Years Father Mother Father Mother Father Mother Father Mother Father As agreed, or Sun. 10:00 a.m. to 7:00 p.m. Sun. 7:00 p.m. - Mon. 8:00 p.m. July 4th - 5th 9:00 a.m. Sun. 7:00 p.m.-Mon. 8:00 p.m. 5:00-8:00 p.m. Thurs. 9:00 a.m.-Fri. 9:00 a.m. Dec. 24 10:00 a.m.- Dec. 25 10:00 a.m. Dec. 25 10:00 a.m.-Dec. 26 5:00 p.m. Dec. 31 5:00 p.m.-Jan. 1 9:00 p.m. The above holiday schedule shall supercede the regular access schedule. Vacation: The father shall have additional access time with the child during summer recess as the parties agree and upon one (1) week's notice. The mother shall have the opportunity to take the child on vacation for two (2) American LegalNet, Inc. www.USCourtForms.com consecutive or non-consecutive weeks during the summer upon thirty (30) days notice, notice, uninterrupted by the father's access. Each parent must provide the other parent with destination, including address and telephone number, times of arrival and departure, and method of travel if the vacation will be outside the parent's community. The vacation of either parent, once agreed upon, shall supercede the regular access schedule. The regular schedule shall resume after vacation is completed, without "make-up" of time. Visitation Presumptions (a) Child's response to Visitation. If a child indicates strong opposition to being with the other parent, it is the responsibility of each parent to appropriately deal with the situation by calmly talking to the child as to the child's reasons, and to work with the other parent to do what is in the child's best interests, and particularly to avoid confrontation or unpleasant scenes. If the matter is not settled, either parent may seek the immediate assistance of a mental health professional, or file a motion. As uncomfortable as the issue may be for a parent, the issue should not go unresolved. The parent is not required to encourage, and must not discourage visitation. The parent is obligated to provide the child in a timely way for visitation to occur. (b) Exercise of Visitation. This schedule presumes that the non-residential parent shall be there promptly for all the visitation times and days for weekends, mid weeks, days of special meaning, and holidays, and that no advance notice to the residential parent is necessary. The residential parent shall have the child ready. (c) Cancellation of Visitation by Non-Residential Parent. The non-residential parent must give notice of intent not to have visitation, not less than twenty-four (24) hours in advance, unless a last minute emergency occurs. A parent who does not exercise visitation forfeits the time. A parent who continually fails to keep his or her commitment to visitation may have rights of visitation modified, and may be subject to other legal remedies as well, upon motion by the residential parent. (d) Returning the Children After Exercising Visitation. American LegalNet, Inc. www.USCourtForms.com This schedule presumes that the non-residential parent will not return the child prior to the end of the visitation period stated (not early, not on a different day), unless the parties agree in advance, and that the residential parent or the responsible adult well-known to the child will be present when the child is returned. (e) Promptness. This schedule presumes that the non-residential parent will be prompt for pick-up and return of the child, that the residential parent will ready the child emotionally and physically for the visitation. The residential parent has no duty to wait for the non-residential parent to pick-up the child longer than thirty (30) minutes, unless the non-residential parent notifies the residential parent that he will be late, and the residential parent agrees