SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: FC-11-1430-00
DATE: 20120518

RE: Danielle Burton, Applicant

AND:

Brock Bassels, Respondent

BEFORE: The Hon. Mr. Justice J.P.L. McDermot

COUNSEL: Applicant Unrepresented (assisted by B. Olech, Duty Counsel)
Respondent in default of appearance

HEARD: May 18, 2012

ENDORSEMENT

[ 1 ] This is a Form 23C uncontested trial brought pursuant to my endorsement of today which noted the Respondent in default due to his failure to file an answer or to appear at the Settlement Conference scheduled for today’s date.

[ 2 ] The Applicant has claimed custody of the child, Rhys Burton, who is 10 months of age, as well as child support.

Custody and Access

[ 3 ] Ms. Burton requests custody of Rhys. The material indicates that she has been Rhys’ primary caregiver since birth and the parties were not living with each other after Rhys’ birth. She states in her affidavit that the Respondent has shown little interest in Rhys since his birth. The Applicant is entitled to custody of Rhys.

[ 4 ] The Applicant has suggested access every second weekend from Saturday at 4:00 p.m. to Sunday at 6:00 p.m. Considering Rhys’ age, that is appropriate.

[ 5 ] The Applicant had provided Mr. Bassels with access on Tuesdays and Thursdays between 8:00 a.m. and 11:00 a.m. She can no longer arrange that access because she is now working. However, I am concerned that a two week period without seeing his father is too long for a child this age. I am accordingly going to order further access on the alternate Saturday from 8:00 a.m. to 11:00 a.m., but on 24 hours notice by the Respondent should he wish to exercise that access.

[ 6 ] I am further ordering access on Father’s Day from 10:00 a.m. to 6:00 p.m. irrespective of the access schedule. The Applicant shall have Mother’s Day for the same times, again irrespective of the access schedule.

[ 7 ] As suggested, the Applicant shall have Christmas Eve from 10:00 a.m. to 7:00 p.m.

Child Support

[ 8 ] The Applicant has requested child support based upon the Respondent’s annual income, which he told her was as much as $80,000 in 2009; in 2010, he told the Applicant that he made $60,000 per annum. When served with this application, he advised that his income was $39,000.

[ 9 ] The Respondent has not filed or served a financial statement and as such, I can impute income to him as necessary: see s. 19(f) of the Child Support Guidelines. As such, I find that the Applicant’s income is that as stated to the Applicant in 2010 and accordingly, I find that Respondent’s income to be $60,000 per annum. Child support should be payable from the date this application was served on him (in October, 2011). Guideline child support is $546 per month.

Order

[ 10 ] Accordingly, final order to go as follows:

(a) The Applicant shall have custody of the child, Rhys Burton, born July 15, 2011;

(b) The Respondent shall have access to Rhys as follows:

i. Every second weekend from Saturday at 4:00 p.m. to Sunday at 6:00 p.m.;

ii. Every other Saturday, on 24 hours notice to the Applicant, from 8:00 a.m. to 11:00 a.m.

iii. The Applicant to have Mothers Day and the Respondent to have Father’s Day, from 10:00 a.m. to 6:00 p.m. irrespective of the access schedule;

iv. The Respondent to have the child every Christmas Eve from 10:00 a.m. to 7:00 p.m.; and

v. Such further and other access as the parties may agree to.

(c) The Respondent to pay child support in the amount of $546 per month commencing November 1, 2011 based upon income attributed to the Respondent in the amount of $60,000 per annum;

(d) The Respondent to provide annual financial disclosure based upon s. 21 of the Child Support Guidelines , commencing June 1, 2013;

(e) The costs award of Graham J. made March 7, 2012 in the amount of $50 shall be collectable as support.

(f) SDO to issue.

(g) The within endorsement and the court order to be served on the Respondent by ordinary mail.

Mr. Justice J.P.L. McDermot

DATE: May 18, 2012