Ontario Court of Justice

Date: April 10, 2018 Court File No.: 16/550

Between:

TRINA ROBINSON Applicant

— AND —

MATTHEW DELORME Respondent

Before: Justice M.G. March

Heard on: April 9, 2018

Decision released on: April 10, 2018

Counsel:

• Duncan A.R. Crosby for the Applicant
• John Allan for the Respondent

M.G. March J.:

INTRODUCTION

[1] By Notice of Motion dated March 27, 2018, the Applicant, Ms. Robinson seeks an interim Order:

(1) granting to her custody of the subject child, N., (dob […] 2010);

(2) alternatively, that N.'s father, the Respondent, Mr. Delorme and she have joint custody, but that N. reside primarily with her;

(3) that Mr. Delorme deliver to Ms. Robinson N.'s Health Card and Birth Certificate;

(4) that N. spend the entire summer break with Ms. Robinson;

(5) access to N. for Mr. Delorme in the discretion of Ms. Robinson, until he completes a parenting course and thereafter, every second weekend; and

(6) costs of this Motion.

BACKGROUND

[2] On October 28, 2015, Justice Radley-Walters made a Final Order granting custody of N. to Mr. Delorme. On August 11, 2016, Ms. Robinson brought a Motion to Change the Final Order seeking initially specified access to N. Later, Ms. Robinson was granted leave to amend her pleadings to seek custody of N. with access to Mr. Delorme.

[3] From the outset of this Court proceeding, Mr. Delorme has done little, if anything, to participate. Other judges and I have literally bent over backwards to allow him time to retain counsel, if that was his wish, or to seek assistance from the Family Law Information Clinic, to properly respond to Ms. Robinson's pleading. He apparently does not have the 'where with all' to do so. Nor has he made any effort to pay costs awards made against him for the delays he has caused in having this matter judicially determined.

[4] The parties separated at least three years ago. For most of the period, prior to separation, Ms. Robinson was N.'s primary caregiver. Due to drug addiction problems the parties both had, but Ms. Robinson, more so, she ceded primary care of N. to Mr. Delorme when Family and Children's Services ("FCS") intervened out of concern for N. She did so in N.'s best interest.

[5] Ms. Robinson then proceeded to get 'clean'. She met all of the expectations of FCS. She completed the Child First program. She now leads a stable, sober lifestyle. She is employed full-time. She is in a new common law relationship with a supportive partner.

[6] While this proceeding was underway, an allegation was made to FCS through Mr. Delorme's new partner, Ms. Harrison, which Ms. Harrison attributed to N. that the child had purportedly disclosed "mommy puts stuff up her nose". In response, Ms. Robinson submitted a hair follicle for drug testing. On May 30, 2017, the results of the testing were negative for amphetamines, opiates, cocaine and phencyclidine use. Ms. Robinson did test positive for marijuana use – a soon to be legal substance. On March 26, 2018, she supplied a second hair follicle for testing. The results were positive for marijuana use again, but in a decreased amount, and no other drugs were detected.

[7] Ms. Robinson continues to attend counselling at Pathways Alcohol and Drug Treatment Services once per month in Renfrew – presumably for relapse prevention. She is also a participant there in the Mother Safe program. She as well attends a Pattern Changing course through Bernadette McCann House – a local women's shelter.

[8] By contrast, Mr. Delorme's new partner enjoys social media and through her posts, she suggests that her lifestyle, which N. is subjected to daily, is one where drinking and drug use are commonplace. Ms. Robinson attached as Exhibit "G" to her Affidavit sworn March 27, 2018, an assortment of photos where liquor bottles, bongs, joints and marijuana use are featured.

ACCESS

[9] From May 31, 2016 to November 6, 2016, Mr. Delorme denied any form of access to Ms. Robinson. Only after this proceeding was commenced and access was ordered did he allow any to occur. Notwithstanding, he has attempted to frustrate Ms. Robinson's access at virtually every turn. If left to his own designs, Mr. Delorme would try to eradicate Ms. Robinson from N.'s life.

PARENTING ABILITY

[10] While Ms. Robinson was having her struggles with addiction, she gave over care of her other child, G. (dob […] 2007) to her sister and her brother-in-law. G. has since returned to Ms. Robinson's care via a Consent Order I made on March 1, 2018. Clearly, Ms. Robinson's sister is satisfied that N.'s mother, G.'s too, has turned her life around. N. enjoys the time she spends with G. Ms. Robinson's new partner, Mr. Luckovitch brought two children into the relationship they share. All four kids appear to get along. They are well cared for and provided for by Ms. Robinson and Mr. Luckovitch.

[11] By comparison, Mr. Delorme's new partner, Ms. Harrison, taunts Ms. Robinson through Facebook posts. She calls Ms. Robinson a 'dead beat' mom. She refers to N. as her daughter. Mr. Delorme is either supportive of or powerless to stop his new partner's antics. I am deeply concerned by these attempts at alienating Ms. Robinson from N.

N.'S SCHOOLING

[12] Inexplicably, N. missed 40 days of school last year while in Mr. Delorme's care. She has missed 10 days this year. Neither he nor his spouse work. They have not put any evidence before the court that they were ill, or N. was, which prevented her from attending school. The same difficulties with attendance do not exist whenever N. is in Ms. Robinson's care.

[13] Mr. Delorme will not send N.'s school work with her when Ms. Robinson is exercising access. N. is reading well below her grade two level. She has trouble counting to 10 according to Ms. Robinson. Her spelling leaves much to be desired.

N.'S CLEANLINESS

[14] Ms. Robinson reports that N. comes to her home on occasion smelling of urine. She continues to wet the bed sporadically at age 7.

MEDICAL AND DENTAL CONCERNS FOR N.

[15] On March 12, 2018, Ms. Robinson took N. to the dentist. She did so in response to N.'s complaints about pain in her gums. N., it was discovered, has several cavities which require fillings. The dentist, who saw N., was of the opinion she had never been to a dentist before.

[16] N. needs dental follow-up and orthodontic attention. Ms. Robinson paid for the recent dental visit. She is prepared to ensure that N. receives all required future dental and orthodontic work.

EXTRACURRICULAR ACTIVITIES

[17] Mr. Delorme has not arranged for N. to participate in sports and leisure activities outside of school. Ms. Robinson, on the other hand, has enrolled her in soccer and a summer day camp, as well as an 'overnight' camp for two nights this coming July.

CONCLUSION

[18] This matter is scheduled for trial from July 3 to 5, 2018. It is abundantly clear to me that it is in N.'s best interest that she be placed in the interim custody of Ms. Robinson until this matter is finally disposed of.

[19] I make this interim Order with a heavy heart. I have little doubt Mr. Delorme and his new partner, Ms. Harrison, love N. dearly – misguided as may be the manifestations of their love for her. However, for many of the reasons given earlier, Mr. Delorme cannot get his act together. Specifically, he has:

(a) allowed N. to miss a significant amount of school inexplicably;

(b) refused to allow Ms. Robinson to have access to N.'s homework, so she could assist this struggling child;

(c) ignored N.'s oral hygiene for no apparent reason;

(d) allowed his partner to disparage Ms. Robinson publicly – and likely more so, privately;

(e) exposed N., in turn, to the high adult conflict which exists between Ms. Robinson and him, and

(f) failed to take these proceedings with any degree of seriousness or earnestness.

[20] I can only glean from Mr. Delorme's limited participation to date and submissions made to me upon the hearing of the Motion that he dismisses Ms. Robinson's attempts to parent N. because:

(a) she was once a drug addict; and

(b) he harbours the belief that his new partner can meet all of N.'s needs as her 'new' mother.

Of course, on that last subject, he is categorically wrong.

[21] Accordingly, this Court orders on an interim basis:

(a) Ms. Robinson shall have custody of the subject child, N., date of birth […] 2010,

(b) Mr. Delorme shall have access to N. every second weekend from Friday, 5:00 p.m. to Sunday 5:00 p.m. commencing April 20th, 2018, and extended in the event of holidays or PA days to include the Thursday or the Monday, or both, depending on which day(s) the holiday(s) fall(s),

(c) Mr. Delorme shall have access to N. on Wednesday from 5:00 p.m. to 7:00 p.m. on those weeks where he does not enjoy weekend access,

(d) Mr. Delorme and Ms. Robinson shall share equally in the cost of transporting N. in and out of each other's care.

(e) Mr. Delorme shall deliver to Ms. Robinson immediately N.'s Health Card and Birth Certificate,

(f) Police having jurisdiction in Arnprior, or Renfrew, Ontario, and/or other such places as the child, N. (dob […] 2010) may be found, shall apprehend the child, and place her in the care of Ms. Robinson, and

(g) Mr. Delorme shall pay costs of this Motion in the sum of $1,500.00.

[22] I have turned my mind to requiring Mr. Delorme to complete a parenting course and denying his access to N. until he has successfully completed one, but two wrongs never make a right. It is in N.'s best interest that Mr. Delorme continues to play a role in her young life. He was there for her the whole time Ms. Robinson was dealing with her substance abuse issues. Of course, Mr. Delorme would be wise to enrol in a parenting course and have it finished prior to trial. He has his work cut out for him, if he is to reverse his fortunes after today.

[23] This matter shall be adjourned to a Trial Management Conference to take place on May 7, 2018, when Mr. Delorme has his newly retained counsel, Mr. Allan, fully instructed to assist him with this proceeding.

Released: April 10, 2018

Signed: Justice M.G. March