Pennell v. Seaton, 2015 ONSC 3117

Pennell v. Seaton, 2015 ONSC 3117

COURT FILE NO.: FS-13-5601-00

DATE: 2015 05 14

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: Margaret Pennell v. William Seaton

BEFORE: Bloom, J.

COUNSEL: Margaret Pennell, Self-represented

Brian Ludmer, Counsel for the Respondent

HEARD: May 13, 2015

E N D O R S E M E N T

1This matter comes before me for the purpose of clarifying the endorsement I made on April 1, 2015. Both parties had sought clarifications, and I directed this hearing to address the issues that they have raised.

2There are three subject matters to be clarified: (a) the two specific weekly periods of unsupervised access of the Respondent with Carly Grace Anna Seaton (“Carly”); (b) the shared holiday schedule regarding Carly; and (c) the suspension of the obligation of the Respondent to pay interim child support and s. 7 expenses.

3I will first address the two specific weekly periods. Here clarity was needed as to drop off and pick arrangements as well as the reasons for which the Respondent would be justified in not having Carly attend daycare or school, as the case may be, since she commences school in September of this year.

4I replace the wording in paragraph (a) of my April 1, 2015 endorsement with the following: “ Every Wednesday the Applicant will drop off Carly at daycare or school as the case may be, or at the residence of the Respondent at 8:00 a.m. if there is no daycare or school that day; the period of unsupervised access will begin at that time and end Thursday with the Respondent’s dropping off of Carly at daycare or school or at 8:00 a.m. at the Applicant’s residence if there is no daycare or school; during the access period the Respondent will make all the normal decisions that a custodial parent would make; however, it is expected that in the normal course Carly will attend daycare and school consistent with a conscientious approach to her socialization and education as well as her health.”

5I replace the wording in paragraph (b) of my April 1, 2015 endorsement with the following: “ Every Friday at the completion of Carly’s daycare or school day, the Respondent shall pick up Carly from daycare or school; on a day on which there is no daycare or school, the Respondent shall pick Carly up at the residence of the Applicant at 8:00 a.m.; the access period will commence at the time she is picked up and end on Saturday at 4:30 p.m.; the Respondent is to return Carly to the Applicant’s residence at the end of this period; during the access period the Respondent will make all the normal decisions that a custodial parent would make; however, it is expected that in the normal course Carly will attend daycare and school consistent with a conscientious approach to her socialization and education as well as her health.”

6I replace paragraph (c) in my April 1, 2015 endorsement with the following: “(i) On the Victoria Day weekend of 2015 the Respondent’s unsupervised access shall continue from its normal commencement time on Friday until Monday at 1:00 p.m.; (ii) during the period June 29 to August 25 of 2015 the Respondent is to have unsupervised access to Carly during alternate weeks commencing Monday at 8:00 a.m. on a non-daycare day with the Applicant’s dropping her off at his residence or with the Applicant’s dropping off of Carly at daycare on a daycare day; each weekly period ends on Sunday at 3:30 p.m. with the Respondent’s return of Carly to the residence of the Applicant; during the week of August 24, the weekly period ends on August 25 with the Respondent’s return of Carly to daycare if it is a daycare day or to the residence of the Applicant at 8:00 a.m. if it is not a daycare day; during the weekly access periods the Respondent will make all the normal decisions that a custodial parent would make; however, it is expected that in the normal course Carly will attend daycare if it is open, consistent with a conscientious approach to her socialization and education as well as her health; the first of the Respondent’s unsupervised access weeks will be the one commencing June 29; (iii) July 30 being Carly’s birthday will be treated exceptionally with the Respondent dropping off Carly at the Applicant’s residence at 2:30 p.m. and the Applicant returning her to the Respondent’s residence at 7:30 p.m.; (iv) the weekend of Thanksgiving of 2015 will be treated in the same way as the Victoria Day weekend; (v) the Respondent will have unsupervised access to Carly commencing on December 24 with his picking up Carly from school or continuing the normal access which commenced Wednesday if December 24 is not a school day; he is to return Carly to the Applicant’s residence on December 25 at 11:00 a.m.; the Respondent’s Friday access period will commence with the Applicant’s return of Carly to the Respondent’s residence at 7:30 p.m; (v) on December 30 at 8:00 a.m. the Applicant is to drop Carly off at the Respondent’s residence and he is to have unsupervised access to her until he returns her to the Applicant’s residence on January 2 at 4:30 p.m.”

7With respect to the suspension of payments, that suspension is to cover only the period from April 1, 2015 through June 30, 2015. At the end of that period they are to resume. Also at the end of that period the Applicant is free to move for a variation of those child support and s. 7 payments based on the circumstances then prevailing. Finally, I am not disturbing the existing provisions respecting adjustment to payments for 2014 as provided for in the order of Mr. Justice Andre dated January 10, 2014.

8In keeping with my order made April 1, 2015 I make no order as to costs in respect of the attendance of the parties to deal with the questions addressed in this endorsement

Bloom, J.