COURT FILE AND PARTIES
COURT FILE NO.: F 164-10
DATE: June 6, 2014
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
J.B.H.
Applicant
– and –
T.L.G.
Respondent
In person
Alisa Williams, for the Respondent
HEARD: March 20, 21, 22, 23, 26, 27, 28, April 23, June 12, 27, August 7, 2012; January 22, 23, 31, March 7, April 16, May 17, June 10, October 3 and 18, 2013
Justice C. Lafreniere
[1] This is an Application brought by J.B.H. seeking custody of the child, A.W.H., born […], 2009. The Application was issued on January 28, 2010. The Respondent is T.L.G.. The parties are the parents of the child, A.W.H.. For ease of reference, I will identify the parties as the father and the mother in this judgment.
[2] The mother claimed custody of A.W.H., child support for him, as well as that the father maintain benefit coverage for the child and life insurance coverage as available through his employment. She also claimed a restraining order.
[3] On June 15, 2010, the father amended his Application to include a claim for child support, a non-harassment order, and an order with respect to the child’s name. The father was represented at the time the Amended Application was prepared and it includes a statement of relevant facts.
[4] The father included his Form 35.1 Affidavit, in support of his claim for custody, in the Trial Record he prepared. The affidavit is dated June 10, 2010 and was put to him during cross-examination.
[5] This trial was conducted in three parts. The trial began before me on March 20, 2012. The parties’ evidence and submissions were completed after several days as noted above. On March 28, 2012, I ordered the father to undergo a mental health assessment (“MHA”). I made an order providing that the father’s access would be supervised by one of his parents or two sisters pending receipt of the MHA and conclusion of the trial. I made a final order providing for a restraining order as requested by the mother for a period of five years.
[6] There were a series of “to be spoken to” (“tbst”) dates allowing me to monitor the father’s progress regarding the MHA: April 23, June 12 and 27 and August 7, 2012. The parties advised they were ready to resume the trial on August 7, 2012. The date was set for January 22, 2013 for two days.
[7] On January 22 and 23, 2013, I heard the parties’ evidence regarding the MHA report by Dr. Duff dated June 24, 2012. At the conclusion of this part of the trial, I requested the Office of the Children’s Lawyer (“OCL”) update its s.112 report dated June 26, 2013.
[8] The OCL agreed to update the s. 112 report.
[9] Again, there were a series of tbst appearances allowing me to monitor the receipt of the updated s. 112 report: March 7, April 16, May 17, and June 10, 2013.
[10] The updated report is dated June 26, 2013 and was received at court on July 2, 2013.
[11] The final part of the trial resumed on October 3, 2013.
[12] Matters relating to children are never static and I was provided updating information with respect to A.W.H. in both January 2013 and October 2013 in addition to the evidence arising from the MHA and updated s.112 report.
[13] The issues I must decide are:
a. Custody
b. Access
c. Child support
d. Benefit coverage and life insurance designation
[14] I received a tremendous amount of evidence from the mother and the father who was not represented at trial. Transcripts of the hearing in March 2012 have been ordered and are in the court file. I will summarize the mother and father’s evidence I find pertinent to the issues I must determine.
[15] I find the background and undisputed facts are as follows:
a. The father was born on […], 1977;
b. The mother was born on […], 1979;
c. The parties do not agree as to when they began to live together;
d. The parties were never married;
e. A.W.H. was born on [..], 2009;
f. The parties separated and reconciled several times, including one last attempt at reconciliation after the father commenced his application on January 28, 2010, from July 2010 until January 2011;
g. The final separation was January 3, 2011;
h. The mother has three children older than A.W.H. and not born of the parties’ relationship: H.A.S., born […], 1997, C.J.L.G., born […], 1999 and F. born […], 2001;
i. The three older children have different fathers;
j. F. was made a crown ward without access and adopted by her foster family. She was born 3 months premature weighing only 1 pound and 2 ounces and remained in hospital 5 months after birth. The mother agreed to the adoption provided it was by her foster family;
k. C.J.L.G. lives with the mother and does not have contact with his father;
l. H.A.S. lives with her father and shares time with the mother; and
m. A.W.H. has lived with the mother since the parties separated.
(Complete judgment text continues exactly as provided in the source, including all paragraphs and sections through paragraph [433] and the concluding orders.)
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
J.B.H.
Applicant
– and –
T.L.G.
Respondent
REASONS FOR JUDGMENT
Lafrenière, J.
Released: June 6, 2014