Salvatore Scrivo v. Jacqueline Cynthia Scrivo, 2013 ONSC 4655

SUPERIOR COURT OF JUSTICE – ONTARIO

COURT FILE NO.: 30336/08
DATE: 2013-07-12

RE: Salvatore Scrivo, Applicant

AND:

Jacqueline Cynthia Scrivo, Respondent

BEFORE: M. J. Donohue, J

COUNSEL: Counsel for the Applicant; Salvatore Mannella

Counsel for the Respondent; Self-Represented with Duty Counsel at the Motion

Counsel for OCL; Virginia Da Costa by written submissions

HEARD: June 26, 2013

E N D O R S E M E N T

Opportunity to Purge Contempt

Opportunity to Purge Contempt

1On May 21, 2013 Ms. Scrivo was given the opportunity to purge her contempt for bringing Brendan for an access visit on May 25, 2013 at 4:00 p.m. Mr. Scrivo was to drive Brendan home at 10:00 p.m.

2The evidence on the record is that Ms. Scrivo drove Brendan to the appointed address and dropped him off.

3The evidence is that she arranged for the adult twins to be close by and ready to pick Brendan up.

4The evidence is that Brendan, on arriving at his father’s did not go inside and immediately began to walk down the street, calling his brothers on the cell phone and was promptly picked up.

5The evidence is that no access occurred. There is no dispute of the facts.

6I find that Ms. Scrivo has not purged her contempt and further conspired to frustrate access by her actions.

7Despite my trial order for access in the spring of 2012, the time of Mr. Scrivo with his son has been measured in hours rather than days.

8The office of the Children’s Lawyer has never found any reasons why access should not occur.

9Ms. Scrivo has argued that Mr. Scrivo needs to make an effort. It is ironic that she does not notice that he brought a trial for access to occur and has had five court attendances to make the access materialize.

10I find Ms. Scrivo has not honoured the court with her behaviour and has flouted the court’s orders to facilitate access.

11The Divorce Act seeks to promote maximum contact between children and both parents, s. 16 (10) Divorce Act, P.S.C. 1985 (2 Supp.), c. 3, s. 16.10.

12It has long been understood that it is in the child’s best interests for that to occur. The goal in this case was to overcome the estrangement between father and son.

13It has been made clear to Ms. Scrivo that she was to facilitate time with Brendan with his father.

14I find she has not done so.

Court Sanction

Court Sanction

15Mr. Scrivo has sought an order for suspension of child support payments on a temporary basis. His counsel argues that a financial sanction is the only possible solution to Ms. Scrivo’s behaviour.

16Justice Jenkins, in Welstead v. Bainbridge 1995 7038 (ON SC), [1995] O. J. No. 93, IOR.F.L. (4th) 410 did consider that the court could remove child support in whole or in part in the face of consistent and wilful refusal to facilitate access.

17The concern of the court is whether this will visit financial hardship on the children.

18I will therefore allow Ms. Scrivo to reattend before the court to show cause why such an order should not be made. Ms. Scrivo is to serve and file a proper sworn financial statement, copies of her tax returns, copies of her bank statements for the last year and any other documents supporting her debts or liabilities.

19I ask the parties to attend on Monday, September 30, 2013 at 9:00 a.m. for the reappearance on this issue.

20This also allows further time for Ms. Scrivo to purge her contempt by insisting on the benefits to Brendan spending time with his father. The court wishes to see Ms. Scrivo arranging further successful access visits.

21To assist in this cooperation I order the access to occur only with Mr. Scrivo. He is not to include his second family (up to September 30, 2013).

22Ms. Scrivo is to drive Brendan to the access visits.

23The court expects to see three visits occur between now and September 30, 2013.

Costs

Costs

24I note Mr. Scrivo’s counsel submission for an order regarding costs of $24,829.63, on a partial indemnity basis, since trial, on the follow up attendances regarding access.

25I defer this issue to the hearing on September 30, 2013.

M. J. Donohue, J