SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: FS-42-11
DATE: 2014-01-08
RE: Trevor Strom (Applicant)
v.
Christine Neilson (Respondent)
HEARD: January 07, 2014
BEFORE: J. deP. Wright
COUNSEL: Claudia Belda for the Applicant
Barbara Morgan for the Respondent
E N D O R S E M E N T
[1] This trial will center around the conditions under which the father shall have access to an eight-year-old boy. Although child support was not discussed it is assumed by me that this will also be an issue at trial.
[2] The trial will proceed on the basis that the parties accept that the mother should have custody and the father should have access.
[3] The major issue for determination will be the nature of the father’s access: frequency and conditions, in particular will access be supervised or unsupervised etc.
[4] The father argues that the mother has prevented him from establishing a relationship with the boy. The mother argues that the father has not made use of the access he already has, that she wants her partner to adopt the boy, and that the father is simply making life difficult for the boy.
[5] The Court orders that to facilitate the hearing of this application each party should prepare and file the following:
a. calendars showing the dates when the father was entitled to access by agreement of the parties.
b. calendars showing the dates when the father actually exercised access to the child
c. calendars showing the dates the father proposed having access but the mother did not agree.
d. calendars showing dates the mother proposed the father have access but the father did not agree or did not exercise access for some other reason
e. a statement by the mother setting out her proposed terms of access
f. a statement by the father setting out his proposed terms of access
g. the father shall file a statement of the facts upon which he bases his application 45 days before the trial
h. within 15 days of receipt of the father’s statement the mother shall file a statement setting out
i. a list of the applicants facts with which she agrees, and
ii. the other facts upon which she bases her argument
i. within 10 days of receipt of the mother’s statement the father shall deliver a reply setting out a list of the mother's facts with which he agrees.
[6] The parties agree:
i. that if the children's lawyer submits a report the author of the report may be examined electronically at trial subject to any order by the trial judge to the contrary.
ii. that the trial will not take place at the April sitting but that they will seek a trial date earlier than the October sitting.
iii. that they will consider whether any evidence will be introduced by way of affidavit.
iv. that the temporary order shall be continued until trial unless modified by motion in the meantime
v. that this trial management conference may be continued if the parties are so advised. This may continue before a judge other than myself if the parties so desire or if the exigencies of scheduling so dictate.
“Original Signed By”
The Hon. Mr. Justice J. deP. Wright
DATE: January 08, 2014
COURT FILE NO.: FS-42-11
DATE: 2014-01-08
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: TREVOR STROM (Applicant)
and
CHRISTINE NEILSON
(Respondent)
BEFORE: The Honourable Mister Justice Wright
COUNSEL: Claudia Belda for the Applicant
Barbara Morgan for the Respondent
ENDORSEMENT
Wright J.
DATE: January 08, 2014
/nf