ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: FS-05-0008-03
DATE: 2012-02-14
B E T W E E N:
ALLAN HENSEL
self - represented
Applicant
- and -
IRYNA HENSEL
self - represented ,
Respondent
HEARD: February 9 , 2012, at Thunder Bay, Ontario
Mr. Justice J.F. McCartney
Decision On Motion
[ 1 ] This is motion by the Applicant Allan Hensel (the father) to dismiss a motion to change dated November 29, 2011 by the Respondent Iryna Hensel (the mother). The father also asks that the mother be prevented from bringing any further motions without leave of the court.
[ 2 ] A brief summation of the facts will suffice;
The parties married August 19, 1999 and separated January 5, 2005. They have one child, Kristina Hensel (Kristina) born August 22, 2002.
Following a lengthly (19 day) trial, the father was awarded custody of Kristina, who was then 5 years old, and the mother was awarded generous access, i.e. alternating weeks etc by Smith, J. as set out in his judgment of October 23, 2007.
[ 3 ] However, the situation changed quickly and by his order of December 18, 2008, Smith, J. granted the father an interim order restricting access.
[ 4 ] Further, in her order dated July 3, 2009 Warkentin J. terminated access for the mother, and set out future access in the following terms
“any future access by the Respondent shall be limited to the supervised access program and in conformity with any recommendations from the Children’s Centre Thunder Bay”.
[ 5 ] Furthermore, Warkentin J. awarded child support of $478 monthly to be paid by the mother along with her share of special or ordinary expenses set at 30%.
[ 6 ] As a result of the costs awarded against her in various proceedings, as well as an unpaid equalization amount as determined by Smith, J. in his original judgment, and unpaid child support as set out in the order Warkentin, J., the husband alleges, and the wife does not deny, that she owes him a considerable amount of money, the amount, of course, being in dispute.
[ 7 ] For her part, the wife indicates that she is a teacher, earning about $2700 monthly. She admits she has bank account with some $35,000 in it, which was a lump sum disability payment as a result of a year of sickness (2010) during which time she suffered from and was treated for depression. Since November 2011 she had started paying her required child support of $478 monthly, plus $300 towards the arrears. She has been attempting to negotiate a settlement of the amount owing to the husband as set out above, but to no avail up to the present time.
[ 8 ] In his decision at para. 37, Smith, J. comments on the hostility, lack of trust and poor communication between the parties. Clearly these still exist. Consequently, if the major issues of money owing and child access are ever to be put to rest, intermediaries will have to be brought into the picture. To just accede to the husband’s request which would in effect deny the wife’s access to Kristina until she had paid her husband what she had owed would just be punishing Kristina because of the dispute between her parents. Consequently, while I am not disposed to grant the father’s motion to dismiss the mother’s motion to change dated November 29, 2011, based on the evidence I have heard concerning the tortuous history of this case, and the mother’s recommencement of child support and her apparent willingness to negotiate payment of monies owing to the father, I am prepared to order the wife’s motion to change shall not proceed further until a further case conference is held to explore the possibilities of;
a) Appointment of the Children’s Lawyer on behalf of Kristina
b) Retention of a child (family) psychologist
c) Introduction to the Mandatory Information Program with a view to available mediation.
d) Reintroduction of the use of the Supervised Access Program at the Children’s Centre, Thunder Bay, as suggested by Warkentin, J.
[ 9 ] The wife, Iryna Hensel, is to be responsible for organizing this further case conference.
[ 10 ] No costs are awarded.
“Original signed by”
The Hon. Mr. Justice J.F. McCartney
Released: February 14, 2012
COURT FILE NO.: FS-05-0008-03
DATE: 2012-02-14
ONTARIO SUPERIOR COURT OF JUSTICE B E T W E E N: ALLAN HENSEL Applicant - and – IRYNA HENSEL Respondent DECISION ON MOTION McCartney J.
Released: February 14, 2012
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