ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: FS-8-10
DATE: 2012-01-20
B E T W E E N:
MICHELLE KIMBERLEY WOODS
Lawrence G. Philips , for the Applicant
Applicant
- and -
DARWIN WILFRED WOODS
Clint Calder , for the Respondent
Respondent
HEARD: January 16 , 2012, at Thunder Bay, Ontario
Mr. Justice J.F. McCartney
Reasons For Decision
[ 1 ] This is a claim for a divorce and corollary relief brought by the wife, the Applicant Michelle Kimberly Woods.
[ 2 ] The parties married July 17, 1999 and separated October 27, 2009. They have three children – Savannah born August 24, 1995 (16 years old), Garrett, born January 24, 2000 (12 years old) and Martina, born March 25, 2003 (8 years old).
[ 3 ] There is no dispute as to the divorce based on length of separation, and thus, after hearing the evidence, a divorce order is to issue in the usual form.
[ 4 ] The issues that have arisen are as follows;
- Child Access – joint custody has been granted (on consent, by Justice Pierce on December 7, 2011
- Child Support –
- Extraordinary Expenses
- Spousal Support
- Division of the Respondent’s Employment Pension
Child Access
[ 5 ] It seems that the parties have left it up to the children to decide on access – not a good idea in my opinion – particularly as it relates to the two younger children. So while Savannah (16 years) has decided she wishes to reside with her mother, and visit her father on her own terms, Garrett (12 years), has decided he wishes to live on alternate weeks with each parent. Martina (12 years) can’t seem to make up her mind how she wishes to handle access.
[ 6 ] Quite frankly, children of this age need a stable base - they should, if possible, should be able to live in familiar surroundings, come and go to and from the same home as they proceed through their daily life. In this case that base appears to be the original matrimonial home now owned and occupied by the wife, and where the children have always lived.
[ 7 ] The father argues that he has fairly recently secured a three bedroom home so that there is a proper place for the children. This is commendable, but there is more to the situation than just accommodation. And clearly the organization of the wife’s home in which she can arrange to be home whenever the children are – even though she holds a full time job – is much more preferable to the husband’s situation, where he has to rely on friends to look after the children at the beginning and end of the working day.
[ 8 ] So, in my opinion, the primary residence of the children is to be with the wife. The husband is to continue to have access to the child Savannah, as arranged between the two of them. The husband is to continue to have access to Garrett and Martina every second weekend from Friday after school until Sunday night (or Monday night on long weekends) as well as on every other Wednesday and Thursday from Wednesday after school until school begins on Thursday morning. I would point out that I would consider the above access to be a minimum, not maximum, and I am relying on the parties to accommodate additional access wherever possible as they both indicated they would.
Child Support
[ 9 ] The Respondent, who clearly is responsible for paying child support will apparently earn $49,647.20 in 2011, which translates to about $950.00 monthly for support of the three children. Consequently the husband is to pay $950.00 per month support to the wife for the support of the children commencing January 1, 2012.
Extraordinary Expenses
[ 10 ] At $24,190.00 gross income, the wife’s annual income is about one half of the husband’s, and thus he should be paying two thirds of the extraordinary expenses and she pay one third, the husband says he does not object to paying his fair share of these expenses almost all of which are for sports for the children, which the husband calculates at about $2000.00 annually. This would make his share at about $100.00 per month, and this should be paid in monthly installments of $100.00 commencing January 1, 2012.
Spousal Support
[ 11 ] The husband has been paying spousal support of $50.00 per month but since child support and extraordinary expenses would appear to use up all his available income, I am setting spousal support at $1.00 per month commencing January 1, 2012.
Employment Pension
[ 12 ] With the consent of the parties, the husband’s pension is to be divided equally between the parties, according to the new legislated provisions under the Pensions Benefits Act .
Costs
[ 13 ] If the parties cannot agree on costs they may speak to me in that regards within the next two weeks by making arrangements with the Trial Coordinator in Thunder Bay.
“original signed by”
The Hon. Mr. Justice J.F. McCartney
Released: January 20, 2012
COURT FILE NO.: FS-8-10
DATE: 2012-01-20
ONTARIO SUPERIOR COURT OF JUSTICE B E T W E E N: MICHELLE KIMBERLY WOODS Applicant - and – DARWIN WILFRED WOODS Respondent REASON FOR DECISION McCartney J.
Released: January 20, 2012
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