COURT FILE NO.: FC-12-154-0
DATE: 2012/08/16
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: LISA MARIE KEELEY, Applicant
AND
JORDON DEAN SHIELDS, Respondent
BEFORE: Kane J.
COUNSEL: Lisa Sharp, counsel for the Applicant
Paul Fitzgerald, counsel for the Respondent
HEARD: August 10, 2012
ENDORSEMENT
[1] The respondent father in this motion presents the issue as his right to overnight access and seeks such right for overnights with his two boys until the start of school. He relies upon signed interim minutes of settlement dated June 14, 2012. Its terms were accepted by the father June 25, 2012, but not signed by him until July 13, 2012.
[2] With respect to the respondent, the primary issue is the fact that it is admitted he has been an alcoholic for several years. When he consumes alcohol, he tends to become aggressive, volatile and belligerent. There is an abundance of evidence to that effect. His addiction to alcohol has negatively affected his marriage, his children and the extended two families.
[3] Mr. Shields is a good father. He loves and is devoted to his children. The children clearly love their father. Subject to this addiction, Mr. Shields has much to offer his two boys.
[4] To his credit, Mr. Shields admitted himself to Homewood and completed a 35-day rehabilitation program for this addiction in April, 2012. He thereafter attended AA meetings but at a reduced frequency lately.
[5] Mr. Shields does not deny that since rehab this spring, he has “occasionally slipped” and drank alcohol. He admits consuming alcohol on the evenings of July 6 and on July 7, 2012. His reply affidavit contains no undertaking to not consume alcohol in the future.
[6] Mr. Shield’s acknowledgement of this problem and seeking treatment for this illness are commendable. His immediate and extended family commend this effort and remain hopeful that he will re-commit and succeed in this journey to regain control of his life. Presumably his two young boys will be his biggest cheerleaders and beneficiaries if he accomplishes this important goal.
[7] Unlike so many cases, this is not a mother attempting to reduce the father’s time with his children. Her agreement to the amount of time the father has with the boys speaks to the contribution he makes and is capable of making to these children, as well as her hope that he will succeed in his fight with this addiction, notwithstanding these recent “road bumps”.
[8] The primary issue is not about what happened in 1996 or 2002, the potential involvement of the Children’s Aid Society or the next four weeks. The issue is not the evidence as to alcoholic incidents in the past.
[9] The issue is not the mother’s breach of terms providing overnight supervised access when the underlying premise of that agreement was that Mr. Shields was off alcohol.
[10] The issue is about whether Mr. Shields can win his current struggle with alcohol addiction and the love of each parent for these children.
[11] It is common knowledge that most people who drink do so in the evening. Mr. Shields does as well. I have no doubt that Mrs. Shields Sr., in her capacity as access supervisor will do everything she can to care for the children during any overnights if Mr. Shields happens to consume alcohol that evening. Her capacity to protect the children, should this occur, is a secondary issue.
[12] Mr. Shields has personally and publicly admitted to his health issue. He has experienced some success since this past spring and presumably can again, hopefully on a continuous basis. Presumably he cannot afford to be an occasional drinker however no evidence on that point is before the court.
[13] It is currently time to take a breather and allow Mr. Shields to refocus and continue his efforts to get alcohol out of his life. This is not a penalty for slipping. It is rather a realization as to the power of this addiction which has already exerted a tremendous price on this immediate family and the extended families. It is about not exposing the children to potential and perhaps uncontrollable risk. It is about Mr. Shields remaining alcohol free for a continuous period and the tremendous success associated with that. It is about Mr. Shields’ continued success against this addiction and the resulting ability to remove any current risks or restrictions as to the children sleeping over and supervision of access. Mr. Shields loses focus on this real issue when he blames this mother for the current restrictions to his access. The issue is his alone. He has demonstrated his power to rid his life of alcohol. What remains is to do it.
[14] In the interim, Mr. Shields will continue to enjoy generous daytime access and contact with his children.
[15] Mr. Shields from now until the start of school this September will have interim access as follows:
(a) Week 1
Wednesday and Thursday, 7AM until 8PM each day.
(b) Week 2
Monday, Tuesday, Friday and Saturday, 7AM until 8PM each day.
[16] Paragraphs 7, 12, 14, 15, 16 and 17 of the signed interim minutes of settlement shall be terms of this order. Pick-ups and drop-offs of the children will be conducted by the children’s grandparents.
[17] An order is granted that the contents of the CAS file shall be given each party.
[18] The parties may proceed with a motion as to access beyond the start of school and any other issues between them. Mediation is recommended as to the access schedule beyond the start of school. Questioning is permitted.
[19] Costs of this motion to the applicant fixed at $1,200.
Kane J.
Date: August 16, 2012
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: LISA MARIE KEELEY, Applicant,
AND
JORDON DEAN SHIELDS, Respondent,
BEFORE: Kane J.
COUNSEL: Lisa Sharp, counsel for the Applicant
Paul Fitzgerald, counsel for the Respondent
ENDORSEMENT
Kane J.
Released: August 16, 2012