SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Sharon Lynn Donkor, Applicant
AND:
Fred Donkor, Respondent
BEFORE: Patrick Smith J.
COUNSEL: The Applicant was self-represented
John Summers, Counsel, for the Respondent
HEARD: December 4, 2015
ENDORSEMENT
Introduction
1Although there are numerous orders sought by both parties, the central issue in dispute is custody and access of the two children of the marriage, namely, Sydney Donkor born March 31, 2007 and Michael Donkor, born November 22, 2012.
2One of the issues in dispute relates to access to the children during the Christmas holidays. In view of the shortness of time between the date that this motion was heard and the commencement of the Christmas holidays my reasons will be brief.
Custody/Access
Custody/Access
3Both parties are teachers and the evidence suggests that they are capable and loving parents. The mother in her application asks for an order for joint custody.
4The mother alleges that, despite joint custody being appropriate she has been the children’s primary parent since birth. The father asserts that he was just as involved in parenting as the mother and that he should have equal time with the children. He alleges that the mother is attempting to restrict his access.
5A temporary order shall issue providing that both parties shall have joint custody of the children of the marriage.
6The father’s access has been limited since separation for a variety of reasons however he now has purchased a home in the same neighborhood as the mother who has purchased his interest in the former matrimonial home. There is no evidence before the court to justify continuing to limit his time with the children. Prior to separation both parents shared the care of their children although it appears from the affidavit material filed that the mother was perhaps more involved in homecare and managing the children’s appointments and maintaining contacts with their teachers and physicians.
7Questioning has not taken place. The wishes of the children are unknown. The OCL and a private assessor have declined to become involved. There are too many unknown factors to warrant the making of an interim order regarding access which may be in place for several months pending trial and which may not be in the best interests of the children as more information about their best interests becomes available.
8The parties are unable to resolve access during the Christmas holidays. For this year, the following access is ordered:
Father: December 18th at 5:00 p.m. until December 22nd at noon;
Mother: December 22nd at noon until December 25 at noon;
Father: December 25th at noon until December 28 at noon;
Mother: December 28th at noon until December 31 at noon;
Father: December 31st at noon until January 3rd at 5:00 p.m.
9Except for the access set out in paragraph 8, commencing on Sunday, January 3rd, 2016 on a temporary without prejudice basis, (interim, interim) the parties shall commence a week on – week off rotating arrangement beginning with the mother having the children in her care and control from January 3rd at 5:00 p.m. until the following Sunday at 5:00 p.m. when the father shall have the care and control of the children until the following Sunday at 5:00 p.m.
10Subject to any adjustment given my decision above, the child support order by Master Roger on February 25, 2005 shall be enforced by FRO.
11The mother’s request for the production of the records relating to the counseling program that the father is enrolled in is dismissed. They are third party records and proper notice and service on the third party has not been provided.
12An order shall issue to provide for the release of any and all CAS records pertaining to the parties subject to the discretion of the CAS.
13The mother shall be allowed to amend her pleadings to include a claim for a restraining order.
Costs
Costs
14In the event that the parties are unable to resolve the issue of costs themselves they may file written submissions on the issue of costs within 45 days. Submissions are not to exceed 5 pages in length.
Mr. Justice Patrick Smith
Date: December 10, 2015