Court File and Parties
Ontario Court of Justice
Date: 2015-04-27
Court File No.: Dryden, Ontario FO-14-0000043-00
Between:
Cora Lee Papadakis Applicant
— And —
Phillip Ronald Joseph Beaudoin Respondent
Before: Justice Peter T. Bishop
Heard on: April 20, 2015
Reasons for Judgment released on: May 25, 2015
Counsel:
- Mark Van Wallegham, counsel for the applicant
- Phillip Ronald Joseph Beaudoin, on his own behalf
BISHOP J.:
Background
[1] This matter comes before me by way of an application for custody, access and child support.
[2] The parties entered into a relationship in December of 2005 and separated in August of 2010 and are the parents of the child Kalley Lee Beaudoin born September 18, 2006.
[3] At the time of separation, both parties left the jointly owned home in Ear Falls with the mother moving out first, then the father, then the mother moving back in, all within a month.
[4] The child has lived with the mother continuously since separation.
[5] The parties agreed that the father would have access every second weekend picking up the child in Ear Falls on Friday after school, and returning on Sunday by 6:00 p.m.
Evidence of Cora Lee Papadakis
[6] Initially, the father paid the mortgage in lieu of child support and stopped making those payments in April of 2012.
[7] He paid $450.00 per month as his view was that it was the same amount that he was paying for another child. The mother received no financial disclosure from him.
[8] On July 20, 2014 the child was not returned from a visit with the father and a temporary order was issued as follows:
The applicant Cora Lee Papadakis shall have temporary custody of the child Kalley Lee Beaudoin born September 18, 2006.
All Police forces and Child Protection Agencies shall assist the applicant Cora Lee Papadakis in locating and returning Kalley Lee Beaudoin to the applicant Cora Lee Papadakis. It is believed that the child is at 666 Richan Road, Township of Wainwright.
A certified copy of this endorsement or order shall be good and sufficient authorization for the Police and Child Protection Agencies to act.
The respondent Phillip Ronald Joseph Beaudoin shall be served forthwith with the application and supporting documents.
Adjourned for court in Red Lake on August 1, 2014 at 9:30 a.m. for case conference.
[9] On occasion the mother takes the child to Dryden to visit the father.
[10] With respect to summer access, the parties are in agreement that the father would have two weeks continuous access that coincides with his holidays with his present employer.
[11] With respect to Christmas access the parties share that holiday with one party having the week before up to Christmas day and the other having the child from Boxing Day to New Years and it alternates each year.
[12] The mother has continuously provided the father with any reports on the child and any medical issues.
[13] She described the child's house with her own room and is presently enrolled in grade three at the Ear Falls public school and is doing well academically and belongs to the Awana Club.
Evidence in Cross Examination
[14] The mother stated that she took over paying the mortgage in October 2014 and the father stated that he would be paying $450.00 per month for child support as that was the amount he was paying for another child.
[15] The mother, when she left the family home only took her own belongings.
[16] When she attended in Dryden to pick up the child in July she was very upset as he would not let her see the child and admitted to screaming.
[17] She objects to a fourteen year old facilitating the exchange access.
[18] She brought the matter back to court as she was running out of money to support herself and the child and eventually moved in with another gentleman, Mr. Rogalinski who has a substantial income at GoldCorp in the neighborhood of $137,000.00 per annum.
Evidence of Phillip Ronald Joseph Beaudoin
[19] Mr. Beaudoin said that he has been denied access when he has travelled to Ear Falls and there were two incidents when the police were involved.
[20] He stated that he thought he should pay the same amount of money that he was paying for his other child in child support and that this whole application is revenge on the mother's part because of the July incident.
[21] He is presently employed at Nelson Granite in Vermilion Bay and is concerned that the mother is alienating the child from him.
[22] It was his view that there was no need whatsoever for the temporary order granted in July. The police advised him that it was within his rights to keep the child.
[23] His current income at Nelson Granite is $52,463.00 per annum and he is of the view that the travel costs should be shared equally with the mother.
Evidence in Cross Examination
[24] He admitted that he worked at GoldCorp in 2012 and earned the following incomes:
- 2012 - $72,238.00
- 2013 - $73,500.00
- 2014 - $58,000.00
- 2015 – anticipated $52,000.00
Decision
[25] Having heard all of the evidence and after reviewing the documentation, I order that the mother have custody of the child.
[26] The father shall have access as follows:
(a) Every second weekend from Friday after school until Sunday at 6:00 p.m.
(b) One week at Christmas with the father having the week before Christmas until Christmas day of 2015 and the mother to have the child on Boxing Day until New Year's Day with the parties to have alternating schedules thereafter.
(c) Alternating long weekends with the father to have August 3, 2015 the mother to have September 7, 2015 the father having October 12, 2015.
[27] The father has continuously paid $450 per month child support on his own initiative but that does not reflect the requirement under the Child Support Guidelines. It is not for the father or the mother to decide but rather for the child to receive the proper child support.
[28] In that regard, the child support arrears are as follows:
- 2012 - 9 months at $659.00 = $5,931.00
- 2013 - 12 months at $664.00 = $7,968.00
- 2014 - 12 months at $525.00 = $6,300.00
- 2015 - 4 months at $453.00 = $1,812.00
Total $22,011.00
Support paid 31 months at $450.00 = $13,950.00; total arrears are $8,631.00 payable at the rate of $200 per month commencing May 1 2015 and payable on the first day of each month thereafter until paid in full.
Commencing on May 1 2015 and payable on the 1st day of each month thereafter the Respondent shall pay the Applicant child support in the amount of $469.00 per month being the table amount for one child.
[29] A support deduction order shall be issued.
[30] All support payments shall be payable to Director of the Family Responsibility Office.
[31] Unless this order is withdrawn from the Director's Office, at the Family Responsibility Office, it shall be enforced by the Director and amounts owing under the order shall be paid to the Director, who shall pay them to the person to whom they are owed.
[32] For as long as child support is paid, the payor (and recipient, if applicable) must provide updated income disclosure to the other party each year, within 30 days of the anniversary of this order, in accordance with section 24.1 of the Child Support Guidelines.
[33] If costs are an issue I can be spoken to.
Released: May 25, 2015
Signed: "Justice Peter T. Bishop"