SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: FS-07-59213-00
DATE: 20130116
RE: Leslie v. Leslie
BEFORE: Price J.
COUNSEL:
Andrea S. Clarke, for the Applicant
Donna Macfarlane, for the Respondent
James M. Peluch, for Nicklaus, Daniel and Bryce Leslie
E N D O R S E M E N T
[1] A teleconference took place today with all counsel pursuant to my endorsement made January 7, 2013, at the commencement of the Trial Management Conference in this proceeding.
[2] Counsel advised the court that:
a) The Elora School Board has confirmed that the parties’ children, Nicklaus, Daniel, and Bryce Leslie can transfer to a school in Simcoe County without significant disruption of their studies and that, if the transfer is found to be unsatisfactory, they will be permitted to return to their current school without any interruption of the services they have received there and in the community.
b) Application has been made for Daniel to attend a s. 23 school but he is still on a wait list, and his priority will not be affected by his transfer to a school in Simcoe County for the present semester.
c) The Executive Assistant to the Superintendant of the Simcoe County School Board and the principals of the two schools the boys will be attending in that Board have confirmed that the children’s transfer will be approved and can be implemented within a week.
d) NewPath, which is the equivalent of the Trellis program in Simcoe County, has confirmed that Nicklaus and Bryce can be registered in their program within 48 hours, and NewPath will liaise with Trellis to ensure that there is no interruption in services. It has also been confirmed that Bryce’s remediation equipment can accompany him to Simcoe county.
e) Both parties have obtained referrals from their respective family doctors to Dr. Gerard Kimmons and are awaiting appointments with him.:
[3] Having regard to the foregoing, and on consent of the parties, it is ordered that:
- The final order of Herold J. Dated February 17, 2004, which granted sole custody of the children to Ms. Leslie, is varied to provide that, beginning Friday, January 18, 2013:
a) The children shall reside with their father, Richard Coby Leslie, on the third weekend of every month, from Friday at 6:00 p.m. until Sunday evening (or Monday evening, if Monday is a school holiday) at 6:00 p.m.
b) The children shall reside with their mother, Cindy Louise Leslie, on the first, second, and fourth weekend of every month (and on the fifth weekend, on a month in which there are five weekends in the month), from 6 p.m. on Friday to 6 p.m. on Sunday.
c) The children shall reside with their father every week day beginning January 20, 2013, from Sunday at 6:00 p.m. to the following Friday at 6:00 p.m.
d) The children shall attend such school as Mr. Leslie has arranged for them in Simcoe County.
e) Pick-up and drop-off of the children shall be the responsibility of their father, with the exception of the second weekend of each month, beginning February 8, 2013, when the parties shall meet at the parking lot of the Best Western Hotel in Orangeville on Friday, at 6:00 p.m., and on Sunday at 6:00 p.m., to transfer the children.
The children shall be deemed to continue residing primarily with their mother, who shall be entitled to continue claiming the Child Tax Credit for them.
The first weekend of each month shall be deemed to be the first Friday of the month.
Mr. Leslie shall continue paying table child support to Ms. Leslie, in accordance with the Order of Herold J. dated August 3, 2004..
The primary residence of the children shall be deemed to continue to be with Ms. Leslie and she shall continue to claim the child tax credit for the children.
Mr. Leslie shall ensure that the children comply with any treatment, including medications, which their doctor has prescribed for them, and shall forthwith arrange to have Daniel seen by the family doctor he has consulted in Simcoe County to have Daniel’s medication reviewed.
The parties shall forthwith complete their compliance with my Order dated January 7, 2013, which directed them to attend with Dr. Gerard Kimmons for counselling. They shall keep each other informed as to their progress in the referral by confirming in writing when they have their appointment and when they have attended, unless they attend together.
This order as to custody and access shall be reviewed by the court upon the next resumption of the trial management conference.
The parties shall exchange up-dated financial statements, and separate settlement conference briefs and trial management conference briefs before the next resumption of this trial management conference.
The parties shall attend a resumption of this trial management conference, which shall also be a settlement conference, on a date after the end of the children’s current academic session, to be arranged by counsel with the trial office in Guelph.
Either party has leave, in the interval, to apply to the court by motion on short notice, for directions respecting custody or access to the children, which motion may be in the form of a letter from counsel, with appropriate attachments, for hearing by me by teleconference between 9 and 10 a.m. on a date when I am sitting.
Price J.
DATE: January 16, 2013
COURT FILE NO.: FS-07-59213-00
DATE: 20130116
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Leslie v. Leslie
BEFORE: Price J.
COUNSEL:
Ms. A.S. Clarke, for the Applicant
Ms. D. Macfarlane, for the Respondent
Mr. J.M. Peluch, for the children Nicklaus, Daniel, and Bryce Leslie
ENDORSEMENT
Price J.
DATE: January 16, 2013