ONTARIO
SUPERIOR COURT OF JUSTICE
SIMCOE COURT FILE NO.: 178/06-01
DATE: 2013-01-09
B E T W E E N:
Ken Coombs
Paul Amey, counsel for the Applicant
Applicant
- and -
Rihannon Kirkwood
J. Fraser Bushnell, counsel for the Respondent
Respondent
HEARD: January 4, 2013
The Honourable Mr. Justice B.H. Matheson
Endorsement
[1] I rendered my endorsement on the motion to change the order of Justice Turnbull dated February 7, 2007 on November 29, 2012. I indicated that I needed more evidence to deal with the issue of access. That was argued on the 4th day of January, 2013.
[2] The parties were able to agree on most of the issues of access, with the exception of mid-week access by the respondent to Olivia.
[3] The original Minutes of Settlement were dated and filed on January 4, 2013. The original copy was filed in the court. I am typing in the full wording of it for ease of reference:
Minutes of Settlement
The parties agree as follows:
- The Respondent shall have additional access to Olivia.
(a) from Feb 6/13 to Feb 13/13;
(b) the week before and week after the period July 12 @ 6 pm to July 28/13 @ 6 pm;
(c) alternate March break weeks commencing 2014;
(d) 1 week (5 days) in spring or fall to be arranged so that Olivia will not miss more than 2 days of school; Respondent to be responsible for all pickups and exchange at Olivia’s school for such access;
(e) 4 weeks in months of July and August yearly.
The Applicant shall have Olivia in his care from July 12/13 @ 6 pm to July 28/13 @ 6 pm; to the extent that Applicant and said vacation time with Olivia infringes on Respondent’s time with Olivia, Respondent shall be entitled to make-up access to be added to weeks in 1(b).
The issue of mid-week access during the school year to be argued.
[4] Justice Turnbull gave a final order in this matter on February 7, 2007, and the parties have agreed that the following paragraphs of that order shall continue to apply to the parties. They are as follows:
- (e) summer vacation for 4 non-consecutive weeks (a week being defined as a 5 day period (Monday to Friday) during the months of July and August yearly.
(f) with respect of the Respondent’s access in (d) and (e), the Respondent shall provide notice of such intended access weeks by February 1 yearly, commencing February 1, 2013;
(g) statutory holidays as mutually agreed;
(h) the parties did not refer to this portion of Justice Turnbull’s order. I take it that (h) is deleted. If I am wrong, I may be spoken to.
(i) the Applicant and Respondent shall both have reasonable telephone or text message communication with the child when the child is in the care and control of the other of them; and
(j) such further and other times as the parties may mutually agree upon.
[5] The one issue that was not agreed to was the issue of mid-week access during the school year.
[6] After hearing argument, I gave oral reasons and made the following order: There will be mid-week access during the school year by the Respondent to her daughter Olivia. It will be exercised on Tuesdays after school until 8 p.m. of that day. Ms. Kirkwood will be responsible for the pickup at the school and the drop off at Mr. Coombs residence by 8 p.m. of that day.
[7] If Ms. Kirkwood, for whatever reason, is not going to exercise this access on any particular Tuesday, she shall advise Mr. Coombs two full days before the Tuesday. The notification shall be by text messaging.
[8] With respect to the costs, it was agreed that Mr. Amey will file and serve his position within one week of the 4th of January, 2013, on the court and Mr. Bushnell. Mr. Bushnell shall have two weeks to respond and Mr. Amey will have five days to respond.
Matheson, J.
Released: January 9, 2013
SIMCOE COURT FILE NO.: 178/06-01
DATE: 2013-01-09
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Ken Coombs
Applicant
- and –
Rihannon Kirkwood
Respondent
ENDORSEMENT
Matheson, J.
Released: January 9, 2013