Court File and Parties
COURT FILE NO.: FS-16-171 DATE: 2020 05 01 SUPERIOR COURT OF JUSTICE – ONTARIO
RE: JENNIFER ALLMAN Applicant
– and –
JUSTIN ALLMAN Respondent
BEFORE: McSWEENEY J.
COUNSEL: Applicant, Self-Represented Respondent, Self-Represented
HEARD: By teleconference, May 1, 2020
Endorsement
interim order ON CONSENT
McSweeney J.
[1] In my Endorsement of April 27, 2020, I found this matter to be urgent (see Allman v. Allman, 2020 ONSC 2634). Today I conducted a case conference by teleconference. Both parties attended on their own behalf.
[2] The only issue for the conference related to parenting time schedule and exchanges. Specifically, Applicant mother, Jennifer Allman (“Mother”) had expressed concerns about COVID-19 safety protocol compliance by the Respondent father, Justin Allman (“Father”). As a result, she has not observed the regular 2/2/3 schedule, and has overheld the parties’ 3 and 4-year-old daughters (“the children”) for the last week.
[3] Both parents expressed their desire to resolve this matter in the best interests of their daughters. The case conference focused exclusively on the practical aspects of arranging their girls’ equal parenting time in a safe manner during the COVID-19 pandemic.
[4] To their mutual credit, the parties shared their concerns and exchanged information during the case conference, reaching a temporary agreement.
[5] I therefore order as follows pending the return of this matter before me at the continuation of the case conference on May 6, 2020:
THE FOLLOWING IS ORDERED ON CONSENT OF THE PARTIES ON AN INTERIM BASIS:
[6] Mother will transfer the parties’ daughters, Mackenzie Ilene Allman dob 18-12-15 and Rebekah May Allman dob 13-05-16 (“the children”), into the care of their Father today May 1, 2020 at 6 p.m. EST.
[7] Mother will pick up the children from Father at 5 p.m. E.S.T. on Wednesday May 6, 2020.
Location of transfers/exchanges:
[8] Mother will drive the children both ways. She will drop off and pick up the children from father’s current residence at 22 Blackwater Trail, Brampton.
Terms of transfers/exchanges:
[9] During transfers/exchanges, Mother will remain “curbside” in or next to her car (if she must exit to assist the children). Father agrees to remain on the front step of his residence.
[10] The parties will speak only to the children, and not talk or otherwise communicate with each other, directly or indirectly, during transfers/exchanges.
[11] In order to help both parents ensure continuity of care for the children following transfer between their homes, the parties agree that the parent who has just finished parenting time shall: no more than one (1) hour after transfer, send the receiving parent an informational “transfer update” via Our Family Wizard. Such an update is to include specific details of the children’s sleep, diet and routine, any health symptoms, and confirmation of any and all medications and supplements administered.
[12] Note from the Court to the parties: the “transfer update” may take a few minutes to write, but it is very important, as it helps ensure that the receiving parent is not only aware of any new health or behaviour issues or concerns; but also that they can better plan and organize things like meals and activities, by taking into account how the children are doing, how tired they might be expected to be, etc. Taking time to do this also reduces the pressure and stress on young children, as they do not have to be the ones to update the receiving parent on care such details.
While the children are in their Father’s care from May 1-6, 2020:
[13] Father agrees to administer all medication and supplements, as prescribed by the children’s medical professionals. He further agrees to use Our Family Wizard to confirm to Mother, while the children are with him, that he has administered those medications and/or supplements.
[14] Father agrees that while the children are in his care, no member of his household will have in-person contact with others outside that household. Where members of his household do go outdoors for fresh air, they will observe appropriate social distancing. Father’s “household” currently means his partner, “J”, and their two-year-old and one-month old sons.
Daily Video Call by children:
[15] The parents agree that while the children are in one parent’s care, and until the resumption of their regular school and/or daycare schedules, the children will be encouraged by that parent to have a Video Call with the other parent during an agreed window of time each day.
[16] The call is to be initiated by the parent with care of the children, once every day, except for it is not necessary on transfer days. The parents agreed to make themselves available in the same window of time each day to receive a video call from the children. This will offer sufficient specificity to enable the parents, who both work from home, to plan their work commitments. It will also reduce the likelihood of the parents missing the daily call from their daughters. To be clear to the parties: it is the responsibility of the parent with the children to initiate the call. The parent who is not with the children is not to initiate video call or telephone call to the other parent’s household.
[17] Mother agrees to be available between 5 and 7 pm daily to receive such a call when the children are with their Father. Father agrees to be available for a call between 4 and 5 p.m. each day that the children are with their Mother.
Other terms of consent order:
[18] Parties are already required to communicate solely through Our Family Wizard, and they confirmed today that they will do so. Both parties confirmed that they are familiar with the Our Family Wizard program, including the mobile app. They both confirmed that they have no technical impediments to sending, receiving, reviewing or replying to Our Family Wizard messages from the other parent.
[19] The parents both agree that the messages they exchange are to be focused exclusively on the children, and topics relating to their parenting schedule and their well-being.
[20] They further agree that they will each log in to My Family Wizard at least once a day, and that they will respond to messages from the other parent within 24 hours from the time the message was sent.
[21] The parties agree at all times to observe social distancing and ensure that the children do too. They will continue to follow current safety protocols to prevent the spread of COVID-19.
Parenting schedule discussions:
[22] In my April 27, 2019 Endorsement I observed:
“The parties’ parenting schedule requires 2 or 3 exchanges every week. During the COVID 19 period this may be more stressful on both parents than usual. If it is hard on the parents, it will likely make the experience correspondingly harder on their young children”
[23] Prior to the continuation of this case conference on May 6, 2020, I encourage the parties to discuss, via Our Family Wizard, whether an adjustment to their 2/2/3 schedule, to lengthen the time between transfers, might alleviate some of the current pressures on their separated families.
[24] I also encouraged them today to consider how the children’s missed parenting time with their Father (ie. over the last week) might be made up in the near future, in their best interests.
[25] At the continuation of the case conference on May 6, 2020, I will offer the parties an opportunity to discuss this issue further, and update me on their discussions, if they wish to do so.
[26] The Court wishes to express its respect to the parties for taking time to discuss this matter and agree to a temporary order.
Next steps:
[27] This case conference is adjourned to be continued before me by teleconference next Wednesday May 6, 2020 at 10:30 am. The parties are advised that the telephone dial-in numbers will be the same as those used to access the teleconference today.
[28] On an interim basis, pending further order of the Court, the terms of the parties’ Final Order of Justice Beilby issued Dec 6, 2019 are varied only to the extent required to give effect to this consent order.
[29] Upon the courthouse reopening to the public, each party shall file with the SCJ Brampton Trial Office a copy of all the material he or she delivered electronically for this matter, with proof of service, and pay the appropriate fees.
[30] This endorsement is effective when made. It is enforceable in the same manner as an issued and entered order of the Court. No formal order is required.
“original signed on file”
McSweeney J.