SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: 17,469-06
DATE: 20120629

RE: Jamie Terrence Teeter, Applicant

AND:
Carolyn Jodouin, Respondent

BEFORE: The Honourable Mr. Justice R.G.S. Del Frate

COUNSEL:
Réjean Parisé, for the Applicant
Jerome Gardner, for the Respondent

HEARD: June 14, 2012

REASONS FOR DECISION

DEL FRATE J.:

[ 1 ] The father seeks an order permitting him to enrol the twins, Aiden Ronald Teeter born March 13, 2003, and Ethan Reichel Teeter born March 13, 2003, permitting him to enrol them in the Greater Sudbury Lacrosse Association for the year 2012.

Background

[ 2 ] After their separation in September 2006, the parties entered into a joint and equal division of parenting time where the children are in the care of the father from Wednesday at 1 p.m. until Monday at 1 p.m. in week one, and then from Wednesday at 1 p.m. until Friday at 1 p.m. the next week. The agreement also dealt with the extra-curricular activities that the children were engaging in.

[ 3 ] Because of the acrimonious relationship between the parents, it was agreed that only one parent would be present when the children were engaged in the extracurricular activities. It was also agreed that each parent would be responsible for enrolling the children in those particular activities while in their respective custody.

[ 4 ] The agreement further stated that if either parent wanted to enrol the children in a “competitive league” then, the consent of the other parent would be required.

[ 5 ] The father now wishes to enrol the two boys into the “competitive” lacrosse league in Sudbury. The mother refuses to consent.

[ 6 ] Her refusal is based on the strict interpretation of paragraph 14 of Justice Kane’s Order dated November 12, 2009, which incorporated the numerous agreements between the parties.

[ 7 ] Paragraph 14 of Justice Kane’s Order reads as follows:

In the event either party is considering putting the children in a competitive league for any of the children’s extracurricular activities, they will have to obtain the other party’s consent.

[ 8 ] As mentioned, mother refuses her consent. Father admits that on a strict reading of paragraph 14, the consent is required. However, father now submits that reasonableness must be taken into consideration in withholding that consent.

[ 9 ] Apparently the arrangement has been successful since the incorporation of Justice Kane’s Order. However, none of the children were involved in competitive activities. As a matter of fact, when mother proposed that the twins be enrolled in competitive hockey, father objected to it saying that it would take too much time and there would be an infringement on the time that he spent with the twins.

[ 10 ] There is no issue that the twins enjoy playing lacrosse and that their skills may exceed the house league level. Accordingly, greater challenges should be afforded to them. (Competitive activities require additional time and such time may encroach on the other parent’s schedule.)

[ 11 ] Father proposes that even if the boys are enrolled in competitive lacrosse, there would be no infringement on the time that the twins would spend with mother.

[ 12 ] It is unfortunate that the parents are engaging in such behaviour being tit for tat. What they are both forgetting is that they must consider what is in the best interests of the children. Their conduct merely aggravates an already tense situation which I am certain has an impact on the children even though the children seem to have adapted in spite of the parents.

[ 13 ] In my view, provided the time requirements of engaging in competitive activities do not infringe on the other parent’s parenting time, the children should be afforded the opportunity to participate at a higher level.

[ 14 ] Accordingly, Order to issue that the applicant father be permitted to enrol the twins, Aidan Ronald Teeter and Ethan Reichel Teeter, born March 13, 2003, and to participate in the Greater Sudbury Lacrosse Association for the year 2012 subject to all attendances for any activity relating to the registration including practices, meetings, tournaments, be solely during the periods of time when the twins are in the care of the applicant.

[ 15 ] Should it be necessary to address the issue of costs, the parties may obtain a date through the trial-coordinator’s office within the next 15 days.

Mr. Justice R.G.S. Del Frate

Date: June 29, 2012