SUPERIOR COURT OF JUSTICE – ONTARIO

FAMILY COURT

COURT FILE NO.: FD1780/12
DATE: December 21, 2012

RE: Jodi Pittaro, Applicant

AND:
Robert Pittaro, Respondent

BEFORE: TEMPLETON J.

COUNSEL:
R. Haas, Counsel for the Applicant
W. Doran, Counsel for the Respondent

HEARD: November 28, 2012

ENDORSEMENT

[ 1 ] I have now had an opportunity to read the materials.

[ 2 ] The parties were married on August 27, 2005 and separated on August 27, 2012. Their daughter, Jaymee, was born on […], 2006. She is in grade 1 and attends Riverside Public School in London. Mr. Pittaro has an older daughter who lives with her mother in Newfoundland.

[ 3 ] Mrs. Pittaro works on a part-time basis as a dental hygienist. Mr. Pittaro is employed fulltime as an electronics technologist for Ontario Electronics Services, also in London.

[ 4 ] Unfortunately, Mr. and Mrs. Pittaro cannot agree with respect to decisions concerning Jaymee’s best interests. In less than three months since the separation, the Court Record has expanded to consist of 16 tabs of materials and Mr. Pittaro has yet to file his Answer. Their relationship and ability to decide issues amicably have clearly deteriorated, as a result of which any hope of stability and positive communication for Jaymee’s sake is threatened. The litigation has taken on some semblance of a ping-pong match. It must stop. Such litigation tactics are not necessary, not helpful to the Court and detrimental to Jaymee’s long-term interests.

[ 5 ] The Affidavit evidence is clear that both parties have been actively involved in Jaymee’s life and have each cared for her extensively on his/her own from time to time as required by work schedules and other events.

[ 6 ] Historical descriptions of roles adopted by the parents in the lives of each other and their child or children are helpful only to some extent in these circumstances, however. None of the evidence has been tested by way of cross-examination, a fact that renders assessment of the credibility and reliability of that evidence difficult indeed for the Court.

[ 7 ] Further, evidence that relies heavily on past practice, custom or tradition within the former family unit may not be of great assistance in the determination of a child’s future best interests in circumstances which have completely changed for her. In this case, both parents need to realize that the child needs them both equally and that it is up to them to make sure her needs are met in this regard. Custody is not a competition.

[ 8 ] Having read all of the material, I am of the view that, in this case, a regime of shared parenting is required to allow both Mr. and Mrs. Pittaro to adjust to their new roles and circumstances in their daughter’s life without fear of marginalization. It is hoped that joint custody will be ultimately realized but I am not satisfied that the parties are yet able to communicate effectively and resolve their differences enough to ensure success in that regard.

[ 9 ] For this reason, I order as follows on an interim, interim basis:

1. Parenting

The parties will share the parenting responsibilities of the child, Jaymee.

i. Mrs. Pittaro will be responsible for the day-to-day care of Jaymee when the child is in her care;

ii. Mr. Pittaro will be responsible for the day-to-day care of Jaymee when the child is in his care;

iii. Mrs. Pittaro will make all the decisions regarding Jaymee’s medical and educational welfare;

iv. Mr. Pittaro will be responsible for Jaymee’s after-school and summer activities provided the number and nature of those activities are not changed from the number and nature of the activities and sports in which she is now involved or was involved in the summer of 2012;

v. Both parties will notify each other in writing (electronically or by way of registered mail) with respect to the time, date and location of all appointments, practices, rehearsals, games and other events that are scheduled for the following month and involve Jaymee. Both parents have the right to attend and/or acquire information about Jaymee from teachers, doctors, coaches and all other professionals or care-givers involved in Jaymee’s life;

vi. Should there be a dispute about any major decision touching upon the child’s life and made by the other parent, the parents will first seek to mediate settlement of the issue prior to litigation.

2. Residence

(a) Jaymee shall reside with her father:

i. every second weekend, from after school on Friday until Sunday at 7:00 p.m.; and

ii. every week, from after school on Monday until Tuesday morning at 7:00 a.m.; and from after school on Tuesday until 7:00 p.m. that evening; and on Friday from after school until 5:30 p.m. that evening (unless it is his weekend to have the child in any event).

(b) Jaymee shall reside with her mother at all other times.

(c) Should either parent require childcare for longer than three consecutive hours for any reason, the other parent shall be notified first and provided with the right of first refusal.

(d) The child shall not be removed from her current school for any reason except on the consent of both parents.

(e) At no time shall Jaymee attend any Celtic shows in which her father is a participant.

3. Telephone Contact

When Jaymee is with one parent, she shall have telephone contact with the other parent once per day at a time to be arranged by the parents through counsel.

4. Vacations

i. Christmas Vacation : In 2012 and each alternate year thereafter, Jaymee shall be with her father from noon until 6:00 p.m. on December 24; and, from 4:00 p.m. on December 25 until 8:00 p.m. on December 26, 2012; and, for one-half of the balance of the school holiday;

ii. March Vacation : In 2013 and each alternate year thereafter, Jaymee shall be with her father from after school on the Friday at the beginning of the week until 12 noon on the Saturday at the end of the week;

iii. Easter : In 2013 and each alternate year thereafter, Jaymee will be with her mother for Easter weekend;

iv. Thanksgiving : In 2013 and each alternate year thereafter, Jaymee will be with her father for Thanksgiving weekend;

v. Summer : The summer vacation will be shared equally provided that Jaymee shall not be in the care of one parent for longer than two consecutive weeks. The week shall begin on a Friday at 6 p.m. and end on a Friday at 6 p.m. Should Jaymee attend overnight summer camp, that week shall be excluded from the number of weeks to be divided. Day camp weeks shall be included in the division. In 2013 and each alternate year thereafter, the mother shall provide written notice to the father with respect to her choice of weeks no later than May 1. The father shall do likewise in 2014 and in the alternate years thereafter.

5. Child Support

Mr. Pittaro shall pay child support for the child Jaymee in the amount of $503 per month commencing December 1, 2012 and on the first day of each month thereafter based on an annual income of $55,526 and in accordance with the Guidelines .

6. Section 7 Expenses

The parties will share s. 7 expenses incurred by either parent for the child on a prorated basis in accordance with their incomes. For clarity, s. 7 expenses for Jaymee shall be medical and dental expenses not covered by insurance; tutoring, if required; child care; hockey registration, equipment and tournament fees.

7. Costs

Costs are adjourned to the judge finally disposing of this matter.

Justice L. Templeton

Justice L. Templeton

Date: December 21, 2012