SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: FC-06-2189-4
DATE: 2014/02/28
RE: Emal Wardak, Applicant
Hakima Wardak, Respondent
BEFORE: Mr. Justice Robert L. Maranger
COUNSEL:
Applicant self-represented
Ann Scolberg, for the Respondent
HEARD: February 14, 2014
ENDORSEMENT
[1] This was a motion dealing with the issue of access by Ewal Wardak to his children Deva Wardak, born October 18, 2002, and Faysal Wardak, born June 25, 2005. The thrust of the motion was the father’s request to enforce an order issued by Mr. Justice Albert Roy dated December 5, 2008, by allowing for increased access to his two children. He is currently exercising access every second Sunday for the day, and he also has the opportunity for access an evening every week. His request at this point in time was to have access from Sunday to Monday morning every second weekend with a view to increasing access thereafter.
[2] The respondent brought a cross-motion for an order imputing income to the father for the purposes of determining child support and submitted that the Office of the Children’s Lawyer should provide an updated report prior to ordering any increase in the access to the children by the father.
[3] This case has a long tortured history. Since the order of Justice Roy, the father has been in and out of his children’s lives, including living out of the country for a for a full year with little or no contact with the children from March 2012 to March 2013.
[4] He currently has a measure of stability, it would appear that he will reside in Canada for the foreseeable future, and there has been at least some regularity in the exercise of access to the children since March 2013.
[5] The mother, in an affidavit sworn November 28, 2013, outlines some of the difficulties that have taken place respecting access over the last several months.
[6] Based on the totality of the evidence I find that an updated report from the Office of the Children’s Lawyer should be obtained before access is increased in this case. I come to that conclusion based upon the following: the fact that the father has been in and out of the children’s lives for extended periods of time, the age of the children, the concerns expressed by the mother through her affidavit, and the fact that the children’s lawyer has already prepared a report and an update should not take too long to obtain.
[7] I recommend that the author of the report filed in October 2011, Mr. Dan Van Mourik, be engaged for the purposes of preparing an updated report. I also strongly recommend that this report be prepared as expeditiously as possible.
[8] With respect to the issue of support I would impute income to the father of $25,000 a year and order him to pay child support in the amount of $387 per month retroactive to January 2012. The arrears of support accumulated since that date will be payable at $100 per month. The father’s obligation will be $487 per month until the accumulated arrears are paid in full.
[9] I come to this conclusion based upon the following: the father’s income tax return and income disclosed as a taxi driver, the lack of disclosure by the father during this litigation, the calculations concerning income and spending by the father based on his disclosure presented by counsel representing the mother. By any analysis of the father’s income it is or should be at least $25,000 per year.
[10] With respect to the issue of costs I will accept one page of written argument on the subject within 15 days of the release of this endorsement failing which there will be no order as to costs.
Mr. Justice Robert L. Maranger
Date: February 28, 2014
COURT FILE NO.: FC-06-2189-4
DATE: 2014/02/28
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Emal Wardak, Applicant
AND
Hakima Wardak, Respondent
BEFORE: Mr. Justice Robert L. Maranger
COUNSEL: Applicant self-represented
Ann Scolberg, for the Respondent
ENDORSEMENT
Mr. Justice Robert L. Maranger
Released: February 28, 2014