ONTARIO

SUPERIOR COURT OF JUSTICE

COURT FILE NO.: 9/14
DATE: 2014-02-27

B E T W E E N:

JAMIE ROBIN STOKES

Self-represented

Applicant

• and -

AMANDA LOUISE STOKES

Self-represented

Respondent

HEARD: February 24, 2014,
at Brampton, Ontario

Price J.

Reasons For Order

NATURE OF MOTION

1In late August 2013, Amanda Stokes moved with the parties’ two children from Ajax to Orangeville to live with her current partner, without giving advance notice to the children’s father, Jamie Stokes, notwithstanding an order that Coats J. had made, with both parties’ consent, on November 21, 2012,

which granted the parties joint custody of the children, provided that the children would reside primarily with Ms. Stokes in Georgetown, spending three out of four weekends with Mr. Stokes in Ajax, required each party to give 30 days notice to the other of any intention to change residence, and specifically prohibited Ms. Stokes from moving the children’s residence from Halton Region without Mr. Stokes’ written agreement or a further order of the court.

2Mr. Stokes has now applied to change Coats J.’s order to give primary residence of the children to him and has moved to have Ms. Stokes found in contempt of Coats J.’s order.

BACKGROUND FACTS

The Parties’ Marriage and Separation

3Mr. Stokes 31 years of age; Ms. Stokes is 24. They were married on June 28, 2008, and separated November 7, 2011. They have two children,

a) Kaydance Elizabeth Stokes, age 5 (born May 24, 2008); and

b) Colten Jonathan Stokes, age 4 (born November 12, 2009).

The Order of Coats J.

4On November 21, 2012, the parties consented to a final order of Coats J. The Order attaches the minutes of settlement which the parties signed the same day. Paragraph 1 of the Minutes provides that the parties shall share joint custody of Kaydance and Colten. Paragraph 3 provides for the children’s residence with Mr. Stokes in the following terms:

3. REGULAR RESIDENCE SCHEDULE FOR THE CHILDREN: The Applicant Father shall have the children residing with him every three weekends out of four from Friday at 12 noon (pick up from daycare) to Monday at 12 noon (return to daycare). If Friday or Monday is a statutory holiday, then the weekend is extended to Thursday at 12 noon or Tuesday at 12 noon accordingly. The Applicant Father shall also have the option of spending mid-week time with the children each week on either a Monday, Tuesday, Wednesday, or Thursday, for a one day visit to occur from about 12 noon (pick up from daycare) to 7:30 p.m. (return to the Applicant Mother’s residence). The Applicant Father shall e-mail the Respondent Mother about the midweek visit the weekend prior to confirm the day that he would be picking the children up for the one day mid-week visit. The children shall otherwise reside with the Applicant Mother.

5Paragraph 11 of the Minutes of Settlement states:

11. The Applicant and Respondent shall not move their residences (currently located in Ajax, Ontario, and Georgetown, Ontario, respectively) without providing at least 30 days written notice via email to the other parent of the new residential address which he or she shall be moving to. The Respondent shall not be permitted to move the children’s residence from the Region of Halton pending a written agreement between the parties or a court order authorizing such a move.

The Relocation of the Children

6On August 28, 2013, Mr. Stokes discovered that Ms. Stokes had moved the children’s residence to 8 Headwaters Lane, Orangeville, in Dufferin County, where she now resides with her current partner, Paul Hayward. Ms. Stokes posted photos and comments on Instagram on the internet showing that she had moved to Orangeville.

7On August 28, 2013, after Mr. Stokes discovered Ms. Stokes’ change of residence from the internet, he exchanged text messages with her. The messages contain the following exchanges:

Mr. Stokes: And, you are not allowed to move out of Halton Region or sign them up for school or move them any daycares without my consent. Joint custody as per the court order. I’m not driving through Toronto at rush hour in the morning.

Ms. Stokes: Well, take me to court then Jamie. I moved. You don’t live in Halton so why should I stay there? I’m buying a house and I’m buying one where I can afford it.

Mr. Stokes: It’ll be hours

Ms. Stokes: See you in court.

Mr. Stokes: You’re in Orangeville.

Ms. Stokes: I stay here, yes. My lease is still in Georgetown.

Mr. Stokes: LOL ok. I have evidence otherwise.

Ms. Stokes: Well, my lease is still in Georgetown so put together what you feel like putting together. I already told you eventually I’ll be buying a house in Orangeville. And if you want people to secretly stalk me, like Cindy. Make sure they don’t make it obviously and follow me on Instagram.

Mr. Stokes: You have pics. And it says you moved. When we go to court for contempt, have fun explaining.

Ms. Stokes: LOL I’ll bring my lease agreement. Not worried.

8Ms. Stokes’ lawyer, Raymond Sowley, sent a letter to Mr. Stokes dated September 4, 2013, indicating that Ms. Stokes had advised him that she wished to move to Orangeville, where she intended to purchase a house. The letter asked Mr. Stokes to indicate within the next 14 days where or not he consented to the move as she was required to vacate her present residence by October 1, 2013. Mr. Stokes replied on September 16, 2013, stating that he was aware that Ms. Stokes had already moved out of Halton and that he did not consent to the move.

9Ms. Stokes delivered a responding affidavit sworn February 7, 2014, in which she stated:

The respondent has moved from Halton Region due to financial difficulties. The respondent’s landlord sold his home and the respondent was given 60 days notice to vacate the premises, as the new homeowners required the space for themselves. The respondent is full-time Paramedic student at Trillium College in Burlington. The respondent is supporting the children with her OSAP loan. To stay in Halton region, the respondent was required to have first and last months rent to move. The respondent is no longer employed due to her full-time education program. With no financial support from the applicant father, staying in Halton region was not possible. The respondent is now living with her boyfriend of well over a year, and his children in Orangeville with her share of housing costs at $700 a month.

10Ms. Stokes attaches a Form N12 (Notice to Terminate a Tenancy at the End of the Term for Landlord’s or Purchaser’s Own Use) purporting to be signed by her landlord, Jason Watt. Mr. Stokes contacted Mr. Watt, and inquired as to the authenticity of the N12. Mr. Watt replied that it was not his signature, telephone number, or writing on the N12. He advises that Ms. Stokes lived in the unit from Mid-November 2012 to August 30, 2013. He adds “I did sell the residence, but Amanda chose to move out long before the closing date.”

(continues exactly as in the original judgment…)

Price J.