Preview
FILED: ORANGE COUNTY CLERK 11/28/2023 11:12 PM INDEX NO. EF004163-2023
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/28/2023
FILED: ORANGE COUNTY CLERK 11/28/2023 11:12 PM INDEX NO. EF004163-2023
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/28/2023
1 (,/f 2011
2./
MARITAL SETTLEMENT AGREEMENT
THIS Agreement, made by and between KAYLA CORTESE, hereinafter referred to as
"WIFE" "MOTHER,"
the or whose principal residence is 60 Maysenger Road, Mahwah, New
jersey, 07430 and NADEEM RAHMAN, whose principal residence is 3333 West Riviera Court,
"HUSBAND" "FATHER."
Mequon, Wisconsin, 53092, hereinafter referred to as the or
WI T N E S S E T H:
WHEREAS, the parties were married on September 12, 2012, in a civil ceremony in
Mahwah, New Jersey; and
WHEREAS, there were two children born of their union: JNC born on
R 2012 and P born on 2016; and
WHEREAS, the parties began living in separate residences on or about 2017, and have
been living separate and apart since on or about that date; and
WHEREAS, the parties desire to amicably resolve between them all marital rights,
hereby revoking any Agreement, whether verbal or written, previously entered into between
them, and enter into this Marital Settlement Agreement dealing with the custody and parenting
time of their children, support and maintenance of the parties and their children, and settlement
of their respective financial and property rights, together with all other rights, remedies, privileges
and obligations which have arisen out of their marriage. The parties agree that their future
relations shall be governed and fully prescribed by the terms of this Agreement (hereinafter
referred to as "the Agreement"); and
FILED: ORANGE COUNTY CLERK 11/28/2023 11:12 PM INDEX NO. EF004163-2023
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/28/2023
WHEREAS, the parties represent that for purposes of settling all issues arising out of
the marriage as hereinafter contained they are sufficiently and satisfactorily apprised of the nature
and value of all of their presently existing assets, liabilities and income; and
WHEREAS, the parties each sought independent counsel of their own choosing:
Husband chose and was represented by Richard Chadwick, Esq., of the Law Offices of Gerard R.
De Sapio, Jr. Esq.. However, Husband discharged his attorney on January 15, 2019 and elected to
proceed Pro Se with regard to the negotiation and entry of this Agreement. Wife chose and is
represented by Erin E. Rantas, Esq. of the law firm of Lazor Rantas, PC, with offices located at 97
Main Street, Chatham, New Jersey; and each party represents that they are satisfied with the
services provided by their respective counsel; and
WHEREAS, each party fully understands the provisions of the law affecting financial and
property rights of spouses, including those rights under Section 2A:34-I et ses of the New Jersey
Statutes Annotated, and makes this Agreement in full and complete satisfaction of all claims each
may have against the other under any law; and
THEREFORE, in consideration of the mutual terms and provisions contained in this
Agreement, the parties agree as follows:
ARTICLE I: SEPARATION
I.1 The parties began living in separate residences in 2017 and they shall at all times
continue to live separate and apart from each other. Each party shall be free from interference
and authority and control, directly or indirectly, by the other as fully as if he or she were single
and unmarried. Neither party shall molest the other or compel or endeavor to compel the other
to cohabit with him or her.
2
FILED: ORANGE COUNTY CLERK 11/28/2023 11:12 PM INDEX NO. EF004163-2023
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/28/2023
ARTICLE 2: CARE AND CUSTODY OF THE CHILDREN
2.1 Both parties acknowledge that each of them has great love and affection for their
children: daughter, and son, Both parties agree that they have been guided solely by
considerations touching upon their welfare and best interests in making the custody arrangement
set forth in this Agreement.
2.2 The parties agreed to cooperate with each other with respect to the children so
as, to the maximum degree possible, to advance their health, emotional and physical well-being,
and to give and afford each of them the affection of both parties.
2.3 Subject to the remaining terms of this Agreement, the parties agree that they shall
have joint legal custody of the children with the understanding that they shall consult with each
other and attempt to agree with respect to all major decisions regarding the children.
2.4 Day-to-day decisions of a routine nature, including but not limited to homework
and day-to-day school activities shall be made by the party who has the parenting time on a given
day.
2.5 Major decisions the children's growth, development and well- being,
affecting
health, education and welfare, including but not limited to religious upbringing, choice of school,
emergency medical treatment as set forth herein, education, and their general welfare shall be
considered major decisions and shall be considered and discussed between the parties and agreed
to by the parties, except in the case of an emergency, no major decision will be implemented in
the absence of an agreement between the parties. In the event the parties are unable to agree on
a major decision concerning the children, they shall first avail themselves to the services of a
Mediator prior to filing an application with a Court.
3
FILED: ORANGE COUNTY CLERK 11/28/2023 11:12 PM INDEX NO. EF004163-2023
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/28/2023
EDUCATION
2.6 The parties acknowledge that the children shall continue to attend a
school/daycare facility selected by and local to the home of Mother, who currently resides with
the children in Mahwah, New Jersey. The parties will consult with one another so that the needs
of the children and their best interests are part of the decision-making process. In the event the
parties encounter an issue concerning the education of the children which they are unable to
resolve themselves, they agree that before the issue is submitted to a court for determination,
shall attempt to resolve disputes through mediation with a jointly agreed upon or court-
they any
appointed private Mediator.
2.7 Regardless of the parenting schedule, each party shall be entitled to attend all
events and conferences attendant to the children's schooling and receive complete and full
information from any teacher, administrator, counselor or coach ("Educational Professional")
providing instruction, guidance, coaching, etc. to either child for any reason whatsoever and to
obtain from such Educational Professional copies of any reports or records maintained or issued
by any of them. Each party's name and address shall be listed with the school of each child for
the purposes of providing regular and emergent information.
MEDICAL/DENTAL/THERAPY
2.8 Subject to the remaining provisions of this paragraph, the parties shall jointly make
all major medical decisions concerning the children.
2.9 Each party shall promptly notify the other in the event of any accident or illness
with respect to the children. In the event of any emergency that does not permit prior consultation
between the parties with respect to the health and welfare of the children, the party in whose
care the children are at the time of such emergency shall have the right to do whatever is
reasonably expedient in such emergency but shall advise the other party as soon as possible of
4
FILED: ORANGE COUNTY CLERK 11/28/2023 11:12 PM INDEX NO. EF004163-2023
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/28/2023
such emergency, the nature of the condition and the steps in treatment being taken in connection
therewith. In the event of an illness or injury of the children that results in hospitalization or
confinement at a similar facility, both parties shall have access to the children regardless of which
party has parenting time under this Agreement.
2.IO In the event the children require or request to meet with or speak with a
counselor or mental health professional, the parties agree to cooperate in the process.
2.I I Regardless of the parenting schedule, each party shall be entitled to attend all
medical appointments with the children's health care providers and receive complete and full
information from any physician, dentist, consultant, medical or mental health specialist (hereinafter
"Health Professional"), attending to the children for any reason whatsoever and to obtain from
such Health Professional copies of any reports or records maintained or issued by any of them.
RELIGIOUS UPBRINGING
2.12 Aside from attending sporadic religious services with a party (ie: occasional holiday
service), no child shall engage in any course of religious study and/or attend religious school/camp
or receive religious training unless both parents agree upon the same in advance, as such a decision
is a "major decision". Consent to participate in a requested school, class, summer camp, etc. may
not be unreasonably withheld. If the parties cannot agree on the nature or extent of such religious
study, school, camp or training, they shall first attempt to resolve the disagreement with the
assistance of a Mediator before filing a court application.
EXTRACURRICULAR ACTIVITIES
2.I3 Wife shall continue to enroll the children in extra-curricular activities which best
suit each child and/or in which a child expresses an interest. The parties agree that with regard to
the children's participation in after-school/weekend activities neither shall unreasonably interfere
5
FILED: ORANGE COUNTY CLERK 11/28/2023 11:12 PM INDEX NO. EF004163-2023
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/28/2023
with the same.
HUSBAND'S PARENTING TIME
2.14 Wife shall continue to have physical custody of the children. Husband resides in
Milwaukee, Wisconsin. The parenting time provided for herein presumes Husbands continued
election to reside in Milwaukee, Wisconsin. Husbands relocation from Wisconsin, whether to
New Jersey or otherwise, may constitute a substantial change in circumstances warranting a
review and/or modification of his parenting time.
(a) New jersey Parenting Time: Husband may have regular parenting time with the
children in New Jersey as follows:
weeks'
I. Upon two notice to Wife or unless otherwise agreed-upon in writing
between the parties, Husband shall have weekend parenting time with the children in New jersey
beginning Friday at 5:00 pm and ending Sunday at 5:00 pm. Such parenting time shall occur at the
Double Tree Hotel in Mahwah (or another location to be agreed upon in writing).
2. Under no circumstances whatsoever may any other adult stay with the children
during Husband's New Jersey parenting time, nor shall Husband leave the children alone with any
other adult during his New Jersey parenting time.
3. The children shall be exchanged at the beginning and at the end of Husbands
parenting time in an agreed-upon public location. Wife is not required, but may elect, to be
present for the exchange of the children.
4. All costs associated with Husbands parenting time in New Jersey shall be
borne by Husband.
(b) Christmas Brealc Christmas Break is defined as the last day of school prior to
Christmas - December 26. As Wife (and Wife's extended celebrates the
only family) Christmas,
children shall be with Wife every year for Christmas Break.
6
FILED: ORANGE COUNTY CLERK 11/28/2023 11:12 PM INDEX NO. EF004163-2023
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/28/2023
(c) Holiday Brealc Holiday Break is defined as December 26 - january I. The parties
shall alternate spending the Holiday Break with the children with Wife spending the Holiday in
odd years and Husband spending the Holiday in even years. Each party shall bear his/her own
costs with regard to the Holiday Break.
(d) Sprine Brealc Spring Break is defined by that set forth on jaida's school calendar.
The parties shall alternate spending Spring Break with the children with Wife spending the Spring
Break in even years and Husband spending the Spring Break in odd years. Each party shall bear
his/her own costs with regard to the Spring Break.
(e) Wisconsin Summer Parenting Time: Husband may have parenting time with the
children in Wisconsin as follows:
("summer"
I. One week at the beginning of the summer defined to begin the
first full week following the last day of school) and two consecutive weeks at the end of the
("summer"
summer defined to end on Friday evening before Labor Day weekend). In Spring 2020,
Wife and Husband shall confer to address whether Husbands summer parenting time may be
expanded to two consecutive weeks at the beginning of summer and two consecutive weeks at
the end of summer. If the parties are unable to reach an agreement as to the length of time that
the children are to spend summer vacation with Husband in Wisconsin, they shall first seek the
services of a Mediator before filing a court application.
(a) Husbands weeks of summer parenting time shall be confirmed not
later than May 15, 2019 and April 15, 2020 with the intention of (1) permitting consistent summer
camp enrollment for the children in New Jersey and (2) securing less expensive flights to transport
the children between New jersey and Wisconsin.
2. For Summer 20I9 and Summer 2020, Wife shall deliver the children to
Wisconsin for Husbands parenting time both at the beginning and at the end of the summer (ie:
7
FILED: ORANGE COUNTY CLERK 11/28/2023 11:12 PM INDEX NO. EF004163-2023
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/28/2023
the start of the first week of summer vacation time and the start of the two consecutive weeks
of summer vacation time). Husband shall return the children to New jersey at the beginning and
at the end of each summer parenting time period. For Summer 2019 and Summer 2020, Wife
shall incur the costs of delivering the children to Husband in Wisconsin and Husband shall incur
the costs of returning the children to Wife in New Jersey. Both parties shall take into
consideration the ages of the children and their ability to travel long distances when making the
travel related arrangements as same shall be in the best interests of the children. All other costs
associated with Husbands parenting time in Wisconsin shall be borne by Husband. Allocation of
responsibility of transporting the children to/from Wisconsin as well as allocation of the costs
related thereto shall be reassessed in conjunction with the determination of Husbands Summer
2021 parenting time.
3. No unrelated adult may reside with and/or.stay in the home of Husband
during his parenting time (regular, vacation and/or holiday) with the children. Unless agreed-upon
between the parties, and consent shall not be unreasonably withheld, Husband may not leave the
children in the regular care of another (aside from his mother) during his parenting time. This
provision is not intended to prohibit Husband from securing the services of a reasonable,
"babysitter"
competent and infrequent evening during his Wisconsin parenting time. However,
the intention of the children traveling to Wisconsin is for them to spend time with Husband while
there and not in the care of a third-party.
(b) In the event of a change in circumstances makes either party desirous of a change
in the parenting time schedule, and assuming that an acceptable resolution cannot be reached
between the parties themselves, the parties will go to Mediation and endeavor to reach an
agreement regarding same. If no agreement can be reached, either party may then file an
application with the Court seeking additional parenting time.
8
FILED: ORANGE COUNTY CLERK 11/28/2023 11:12 PM INDEX NO. EF004163-2023
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/28/2023
(c) Unless stated otherwise, each party shall bear all costs associated with his/her
parenting time with the children.
TRAVEL, OVERNIGHTS AWAY FROM HOME, AND VALUABLE ITEMS OF THE
CHILDREN
2.15 (a) In accordance with the provisions stated herein, each party is permitted
to travel with the children within the United States. At this time, neither parent may travel with
the children outside the United States absent the express, written (email is acceptable) consent of
the other party, which consent must not be unreasonably withheld.
(b) Except in the case of an emergency, each party agrees to give the other at
days'
least (30) notice that they intend to travel with the children and to provide a complete
itinerary of their intended trip.
(c) Notwithstanding anything in this Agreement, Husband shall not remove the
children from school to travel or otherwise without the prior express written (email is acceptable)
consent of Wife.
2.16 Husband has expressed a desire to travel to South Africa with the children
during (and in lieu of) his Summer Parenting Time in 2020. Wife does not agree, at this time, to
Husbands travel outside the United States with the children. However, Wife agrees to revisit
Husband's request to travel with the children to South Africa in the Summer of 2020. To the
extent the parties are unable to agree as to Husbands potential travel (or the dates/length of
time of the trip), the parties shall first avail themselves to the services of a Mediator prior to filing
a court application. Any costs incurred by either party to travel abroad with the children at any
time shall be born by the party planning the trip/travel.
2.17 Valuable items of the children, including, but not limited to birth certificates
and social security cards shall continue to be held by Wife.
9
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NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/28/2023
COOPERATION, COMMUNICATION
2.18 The June 29, 2018 Consent Order for Civil Restraints be and is hereby
incorporated and made a part hereof, unless otherwise and specifically superseded by other terms
stated herein. (Exhibit "B").
2.19 Both parties are prohibited from either directly or indirectly influencing the
children so as to prejudice a child against the other party or from knowingly allowing others to do
so. Neither the Wife nor the Husband shall make any negative or disparaging comments about the
other either to the children nor in the presence of the children nor knowingly allow others to do
so. The parties will endeavor to guide the children so
Preview
FILED: ORANGE COUNTY CLERK 11/28/2023 11:12 PM INDEX NO. EF004163-2023 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/28/2023 FILED: ORANGE COUNTY CLERK 11/28/2023 11:12 PM INDEX NO. EF004163-2023 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/28/2023 1 (,/f 2011 2./ MARITAL SETTLEMENT AGREEMENT THIS Agreement, made by and between KAYLA CORTESE, hereinafter referred to as "WIFE" "MOTHER," the or whose principal residence is 60 Maysenger Road, Mahwah, New jersey, 07430 and NADEEM RAHMAN, whose principal residence is 3333 West Riviera Court, "HUSBAND" "FATHER." Mequon, Wisconsin, 53092, hereinafter referred to as the or WI T N E S S E T H: WHEREAS, the parties were married on September 12, 2012, in a civil ceremony in Mahwah, New Jersey; and WHEREAS, there were two children born of their union: JNC born on R 2012 and P born on 2016; and WHEREAS, the parties began living in separate residences on or about 2017, and have been living separate and apart since on or about that date; and WHEREAS, the parties desire to amicably resolve between them all marital rights, hereby revoking any Agreement, whether verbal or written, previously entered into between them, and enter into this Marital Settlement Agreement dealing with the custody and parenting time of their children, support and maintenance of the parties and their children, and settlement of their respective financial and property rights, together with all other rights, remedies, privileges and obligations which have arisen out of their marriage. The parties agree that their future relations shall be governed and fully prescribed by the terms of this Agreement (hereinafter referred to as "the Agreement"); and FILED: ORANGE COUNTY CLERK 11/28/2023 11:12 PM INDEX NO. EF004163-2023 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/28/2023 WHEREAS, the parties represent that for purposes of settling all issues arising out of the marriage as hereinafter contained they are sufficiently and satisfactorily apprised of the nature and value of all of their presently existing assets, liabilities and income; and WHEREAS, the parties each sought independent counsel of their own choosing: Husband chose and was represented by Richard Chadwick, Esq., of the Law Offices of Gerard R. De Sapio, Jr. Esq.. However, Husband discharged his attorney on January 15, 2019 and elected to proceed Pro Se with regard to the negotiation and entry of this Agreement. Wife chose and is represented by Erin E. Rantas, Esq. of the law firm of Lazor Rantas, PC, with offices located at 97 Main Street, Chatham, New Jersey; and each party represents that they are satisfied with the services provided by their respective counsel; and WHEREAS, each party fully understands the provisions of the law affecting financial and property rights of spouses, including those rights under Section 2A:34-I et ses of the New Jersey Statutes Annotated, and makes this Agreement in full and complete satisfaction of all claims each may have against the other under any law; and THEREFORE, in consideration of the mutual terms and provisions contained in this Agreement, the parties agree as follows: ARTICLE I: SEPARATION I.1 The parties began living in separate residences in 2017 and they shall at all times continue to live separate and apart from each other. Each party shall be free from interference and authority and control, directly or indirectly, by the other as fully as if he or she were single and unmarried. Neither party shall molest the other or compel or endeavor to compel the other to cohabit with him or her. 2 FILED: ORANGE COUNTY CLERK 11/28/2023 11:12 PM INDEX NO. EF004163-2023 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/28/2023 ARTICLE 2: CARE AND CUSTODY OF THE CHILDREN 2.1 Both parties acknowledge that each of them has great love and affection for their children: daughter, and son, Both parties agree that they have been guided solely by considerations touching upon their welfare and best interests in making the custody arrangement set forth in this Agreement. 2.2 The parties agreed to cooperate with each other with respect to the children so as, to the maximum degree possible, to advance their health, emotional and physical well-being, and to give and afford each of them the affection of both parties. 2.3 Subject to the remaining terms of this Agreement, the parties agree that they shall have joint legal custody of the children with the understanding that they shall consult with each other and attempt to agree with respect to all major decisions regarding the children. 2.4 Day-to-day decisions of a routine nature, including but not limited to homework and day-to-day school activities shall be made by the party who has the parenting time on a given day. 2.5 Major decisions the children's growth, development and well- being, affecting health, education and welfare, including but not limited to religious upbringing, choice of school, emergency medical treatment as set forth herein, education, and their general welfare shall be considered major decisions and shall be considered and discussed between the parties and agreed to by the parties, except in the case of an emergency, no major decision will be implemented in the absence of an agreement between the parties. In the event the parties are unable to agree on a major decision concerning the children, they shall first avail themselves to the services of a Mediator prior to filing an application with a Court. 3 FILED: ORANGE COUNTY CLERK 11/28/2023 11:12 PM INDEX NO. EF004163-2023 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/28/2023 EDUCATION 2.6 The parties acknowledge that the children shall continue to attend a school/daycare facility selected by and local to the home of Mother, who currently resides with the children in Mahwah, New Jersey. The parties will consult with one another so that the needs of the children and their best interests are part of the decision-making process. In the event the parties encounter an issue concerning the education of the children which they are unable to resolve themselves, they agree that before the issue is submitted to a court for determination, shall attempt to resolve disputes through mediation with a jointly agreed upon or court- they any appointed private Mediator. 2.7 Regardless of the parenting schedule, each party shall be entitled to attend all events and conferences attendant to the children's schooling and receive complete and full information from any teacher, administrator, counselor or coach ("Educational Professional") providing instruction, guidance, coaching, etc. to either child for any reason whatsoever and to obtain from such Educational Professional copies of any reports or records maintained or issued by any of them. Each party's name and address shall be listed with the school of each child for the purposes of providing regular and emergent information. MEDICAL/DENTAL/THERAPY 2.8 Subject to the remaining provisions of this paragraph, the parties shall jointly make all major medical decisions concerning the children. 2.9 Each party shall promptly notify the other in the event of any accident or illness with respect to the children. In the event of any emergency that does not permit prior consultation between the parties with respect to the health and welfare of the children, the party in whose care the children are at the time of such emergency shall have the right to do whatever is reasonably expedient in such emergency but shall advise the other party as soon as possible of 4 FILED: ORANGE COUNTY CLERK 11/28/2023 11:12 PM INDEX NO. EF004163-2023 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/28/2023 such emergency, the nature of the condition and the steps in treatment being taken in connection therewith. In the event of an illness or injury of the children that results in hospitalization or confinement at a similar facility, both parties shall have access to the children regardless of which party has parenting time under this Agreement. 2.IO In the event the children require or request to meet with or speak with a counselor or mental health professional, the parties agree to cooperate in the process. 2.I I Regardless of the parenting schedule, each party shall be entitled to attend all medical appointments with the children's health care providers and receive complete and full information from any physician, dentist, consultant, medical or mental health specialist (hereinafter "Health Professional"), attending to the children for any reason whatsoever and to obtain from such Health Professional copies of any reports or records maintained or issued by any of them. RELIGIOUS UPBRINGING 2.12 Aside from attending sporadic religious services with a party (ie: occasional holiday service), no child shall engage in any course of religious study and/or attend religious school/camp or receive religious training unless both parents agree upon the same in advance, as such a decision is a "major decision". Consent to participate in a requested school, class, summer camp, etc. may not be unreasonably withheld. If the parties cannot agree on the nature or extent of such religious study, school, camp or training, they shall first attempt to resolve the disagreement with the assistance of a Mediator before filing a court application. EXTRACURRICULAR ACTIVITIES 2.I3 Wife shall continue to enroll the children in extra-curricular activities which best suit each child and/or in which a child expresses an interest. The parties agree that with regard to the children's participation in after-school/weekend activities neither shall unreasonably interfere 5 FILED: ORANGE COUNTY CLERK 11/28/2023 11:12 PM INDEX NO. EF004163-2023 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/28/2023 with the same. HUSBAND'S PARENTING TIME 2.14 Wife shall continue to have physical custody of the children. Husband resides in Milwaukee, Wisconsin. The parenting time provided for herein presumes Husbands continued election to reside in Milwaukee, Wisconsin. Husbands relocation from Wisconsin, whether to New Jersey or otherwise, may constitute a substantial change in circumstances warranting a review and/or modification of his parenting time. (a) New jersey Parenting Time: Husband may have regular parenting time with the children in New Jersey as follows: weeks' I. Upon two notice to Wife or unless otherwise agreed-upon in writing between the parties, Husband shall have weekend parenting time with the children in New jersey beginning Friday at 5:00 pm and ending Sunday at 5:00 pm. Such parenting time shall occur at the Double Tree Hotel in Mahwah (or another location to be agreed upon in writing). 2. Under no circumstances whatsoever may any other adult stay with the children during Husband's New Jersey parenting time, nor shall Husband leave the children alone with any other adult during his New Jersey parenting time. 3. The children shall be exchanged at the beginning and at the end of Husbands parenting time in an agreed-upon public location. Wife is not required, but may elect, to be present for the exchange of the children. 4. All costs associated with Husbands parenting time in New Jersey shall be borne by Husband. (b) Christmas Brealc Christmas Break is defined as the last day of school prior to Christmas - December 26. As Wife (and Wife's extended celebrates the only family) Christmas, children shall be with Wife every year for Christmas Break. 6 FILED: ORANGE COUNTY CLERK 11/28/2023 11:12 PM INDEX NO. EF004163-2023 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/28/2023 (c) Holiday Brealc Holiday Break is defined as December 26 - january I. The parties shall alternate spending the Holiday Break with the children with Wife spending the Holiday in odd years and Husband spending the Holiday in even years. Each party shall bear his/her own costs with regard to the Holiday Break. (d) Sprine Brealc Spring Break is defined by that set forth on jaida's school calendar. The parties shall alternate spending Spring Break with the children with Wife spending the Spring Break in even years and Husband spending the Spring Break in odd years. Each party shall bear his/her own costs with regard to the Spring Break. (e) Wisconsin Summer Parenting Time: Husband may have parenting time with the children in Wisconsin as follows: ("summer" I. One week at the beginning of the summer defined to begin the first full week following the last day of school) and two consecutive weeks at the end of the ("summer" summer defined to end on Friday evening before Labor Day weekend). In Spring 2020, Wife and Husband shall confer to address whether Husbands summer parenting time may be expanded to two consecutive weeks at the beginning of summer and two consecutive weeks at the end of summer. If the parties are unable to reach an agreement as to the length of time that the children are to spend summer vacation with Husband in Wisconsin, they shall first seek the services of a Mediator before filing a court application. (a) Husbands weeks of summer parenting time shall be confirmed not later than May 15, 2019 and April 15, 2020 with the intention of (1) permitting consistent summer camp enrollment for the children in New Jersey and (2) securing less expensive flights to transport the children between New jersey and Wisconsin. 2. For Summer 20I9 and Summer 2020, Wife shall deliver the children to Wisconsin for Husbands parenting time both at the beginning and at the end of the summer (ie: 7 FILED: ORANGE COUNTY CLERK 11/28/2023 11:12 PM INDEX NO. EF004163-2023 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/28/2023 the start of the first week of summer vacation time and the start of the two consecutive weeks of summer vacation time). Husband shall return the children to New jersey at the beginning and at the end of each summer parenting time period. For Summer 2019 and Summer 2020, Wife shall incur the costs of delivering the children to Husband in Wisconsin and Husband shall incur the costs of returning the children to Wife in New Jersey. Both parties shall take into consideration the ages of the children and their ability to travel long distances when making the travel related arrangements as same shall be in the best interests of the children. All other costs associated with Husbands parenting time in Wisconsin shall be borne by Husband. Allocation of responsibility of transporting the children to/from Wisconsin as well as allocation of the costs related thereto shall be reassessed in conjunction with the determination of Husbands Summer 2021 parenting time. 3. No unrelated adult may reside with and/or.stay in the home of Husband during his parenting time (regular, vacation and/or holiday) with the children. Unless agreed-upon between the parties, and consent shall not be unreasonably withheld, Husband may not leave the children in the regular care of another (aside from his mother) during his parenting time. This provision is not intended to prohibit Husband from securing the services of a reasonable, "babysitter" competent and infrequent evening during his Wisconsin parenting time. However, the intention of the children traveling to Wisconsin is for them to spend time with Husband while there and not in the care of a third-party. (b) In the event of a change in circumstances makes either party desirous of a change in the parenting time schedule, and assuming that an acceptable resolution cannot be reached between the parties themselves, the parties will go to Mediation and endeavor to reach an agreement regarding same. If no agreement can be reached, either party may then file an application with the Court seeking additional parenting time. 8 FILED: ORANGE COUNTY CLERK 11/28/2023 11:12 PM INDEX NO. EF004163-2023 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/28/2023 (c) Unless stated otherwise, each party shall bear all costs associated with his/her parenting time with the children. TRAVEL, OVERNIGHTS AWAY FROM HOME, AND VALUABLE ITEMS OF THE CHILDREN 2.15 (a) In accordance with the provisions stated herein, each party is permitted to travel with the children within the United States. At this time, neither parent may travel with the children outside the United States absent the express, written (email is acceptable) consent of the other party, which consent must not be unreasonably withheld. (b) Except in the case of an emergency, each party agrees to give the other at days' least (30) notice that they intend to travel with the children and to provide a complete itinerary of their intended trip. (c) Notwithstanding anything in this Agreement, Husband shall not remove the children from school to travel or otherwise without the prior express written (email is acceptable) consent of Wife. 2.16 Husband has expressed a desire to travel to South Africa with the children during (and in lieu of) his Summer Parenting Time in 2020. Wife does not agree, at this time, to Husbands travel outside the United States with the children. However, Wife agrees to revisit Husband's request to travel with the children to South Africa in the Summer of 2020. To the extent the parties are unable to agree as to Husbands potential travel (or the dates/length of time of the trip), the parties shall first avail themselves to the services of a Mediator prior to filing a court application. Any costs incurred by either party to travel abroad with the children at any time shall be born by the party planning the trip/travel. 2.17 Valuable items of the children, including, but not limited to birth certificates and social security cards shall continue to be held by Wife. 9 FILED: ORANGE COUNTY CLERK 11/28/2023 11:12 PM INDEX NO. EF004163-2023 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 11/28/2023 COOPERATION, COMMUNICATION 2.18 The June 29, 2018 Consent Order for Civil Restraints be and is hereby incorporated and made a part hereof, unless otherwise and specifically superseded by other terms stated herein. (Exhibit "B"). 2.19 Both parties are prohibited from either directly or indirectly influencing the children so as to prejudice a child against the other party or from knowingly allowing others to do so. Neither the Wife nor the Husband shall make any negative or disparaging comments about the other either to the children nor in the presence of the children nor knowingly allow others to do so. The parties will endeavor to guide the children so