Court File and Parties
COURT FILE NO.: FC-15-2016 DATE: 2016/05/11
ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
RONALD JOSEPH COPAN Applicant – and – AIMEE MARIE WILSON Respondent
Counsel: Self-represented (for the Applicant) No one appearing for the respondent
HEARD: February 18, 2016 - Ottawa
REASONS FOR DECISION
CORTHORN J.
[1] The applicant father seeks custody of and child support for Colton Joseph Copan (“Colton”), born on April 25, 2008. The respondent mother is the biological mother of Colton. She did not respond to the application. As a result, the matter proceeded before me as an uncontested trial.
[2] The evidence upon which the father relies is set out in the documents listed below:
a) Affidavit in support of claim for custody or access (Form 35.1) sworn on September 16, 2015; and b) Affidavit for uncontested trial (Form 23C) sworn on November 19, 2015.
[3] The father’s affidavit evidence was supplemented by the oral evidence which he gave at trial.
Evidence
a) Ronald Joseph Copan
[4] The father was born in 1983 in Cape Breton, N.S. He was 32.5 years old as of the date of the trial. Commencing in 2001 and for a number of years, the father pursued post-secondary education in the area of business administration. He ultimately did not complete a degree in business. He then completed a two-year program in industrial instrumentation in Nova Scotia.
[5] In 2005, at about the same time that he started the two-year program, the father met the mother in Nova Scotia. The father was offered a scholarship to take a power engineering course at Marconi Campus of the Nova Scotia Community College. The father was hired in 2007 to work for Nova Scotia Power Corporation in the Cape Breton area. He was living with his mother at the time.
[6] The respondent mother was in foster care for most of her life. To the father’s knowledge, the maternal grandmother had difficulty with substance abuse and mental health issues. The mother was living with her foster parents when she met the applicant. The mother gradually moved in and began to live with the applicant and his mother. The mother became pregnant in the fall of 2007; giving birth to Colton in the spring of 2008.
[7] From 2007 to 2012, the father worked for Nova Scotia Power Corporation. The couple lived together until approximately April 2012. The father continued to work at Nova Scotia Power until November 2012. At that time, the father moved to a location two hours north of Fort MacMurray, Alberta. He worked a two weeks on and two weeks off schedule. He continued to do so until April 2013. He returned to Nova Scotia where he remained until June 2013. The father returned to Alberta to work for another employer in a different location (south of Fort MacMurray). Once again, he worked a two weeks on and two weeks off schedule.
[8] When the couple separated in 2012, Colton lived with the paternal grandmother. Since 2012, Colton has lived with either the father or, when he was in Alberta, with the paternal grandmother. Colton has not, since the parties separated, ever been in his mother’s care or lived with her.
[9] The father continued to work contract positions in Alberta from 2013 until the end of 2015.
[10] In July 2014, the father made the unilateral decision to move from Nova Scotia to Ottawa. He gave the mother several months’ notice of his intention to do so. He attempted to serve the mother with materials so as to secure a court order permitting him to leave the province. However, the mother evaded service. The father abandoned the idea of securing a court order and moved to Ontario with Colton and the paternal grandmother.
[11] At no time, after the father provided the mother with notice of his stated intention to move to Ottawa, did the mother take any steps to prevent the applicant from doing so.
[12] The father moved to Ottawa so that he, his mother, and Colton could be near the father’s only sibling – his sister, her husband, and their family. The sister has lived in Ottawa since 1995. Upon arriving in Ottawa, the father and Colton lived with his sister and her family. Within two months of arriving in Ottawa, the applicant and Colton moved into a newly-built, three-bedroom, 2300 square-foot, end-unit townhome. The father owns this home and plans for he, his mother, and Colton to continue to live in this home for the foreseeable future.
[13] Colton has two cousins: 1) Ellie, age 7; and 2) Cal, age 5. The home in which the applicant lives with Colton is a one-minute walk from the sister’s home and directly across the street from the school at which Colton attends. Colton will continue to attend this school until he completes Grade 6. The junior high school which it is anticipated Colton will attend is located in the same neighbourhood.
[14] From September 2014 to November 2015, the applicant continued to work in Alberta on a two weeks on and two weeks off rotation. In January 2016 the applicant obtained employment with the Ottawa Hospital. He is a power engineer – operating the Civic Campus heating plant and cooling supply. In that position the father earns approximately $70,000 per year. He is employed on a full-time basis with employee benefits and a pension plan. The father plans to remain in this position unless he is able to secure a “better” full-time position in Ottawa.
[15] The father’s hours of work are based on a rotating schedule. He typically works two days on; two days off; three days on; and three days off. On the fifth week (a “maintenance week”) he works a typical Monday to Friday work week. Out of five weeks, he has three weekends off work.
[16] When the father is working, Colton is cared for by the paternal grandmother and the sister’s family.
[17] Colton experiences delays in the development of his language skills. He is progressing in school. He was identified as needing more attention in the language arts and is participating in programs directed by the school to assist him in that regard. Colton is subject to an Individualized Education Plan (exhibit 4). Colton is doing well in maths and sciences. Colton’s report card dated February 2016 was made exhibit 3 at trial.
[18] When they lived in Nova Scotia, the father arranged for private assistance for Colton with respect to language. The father was, as of the date of the trial, in the process of arranging for the same type of help in Ottawa.
[19] The activities in which Colton participated or continues to participate include swimming, hip-hop dancing, soccer, basketball and Tai-Kwon-Do. When Colton is involved in regularly scheduled sports, one of the father, his sister, and the paternal grandmother ensure that Colton is taken to the activities.
[20] The father has heard from the mother on one occasion, by telephone, since July. At no time since July 2014 has the mother given any indication to the father that she has any interest in being involved in Colton’s life. The mother was served personally with the application which is before me.
[21] The father understands that the mother continues to struggle with addiction to alcohol and with mental health issues. He believes that she had been working in Alberta for some time and that she remained there as of the date of trial.
[22] The father believes that while living in Nova Scotia the mother was charged with criminal offences on at least seven occasions. The father presented the Court with a binder of documents detailing various interactions which the mother had with the police. The father secured the police records through a Freedom of Information Act application. Some of the mother’s interactions with the police led to criminal charges (exhibit 1). There were, for example, several charges against the mother for assault. The police records described a number of physical assaults by the mother of the father.
[23] In addition, the father provided the Court with copies of documents from the files of the Children’s Aid Society for the area in Nova Scotia in which the couple lived (exhibit 2).
[24] I have reviewed the documents included in exhibits 1 and 2. I am satisfied from my review of exhibits 1 and 2 that the documents support a finding that the mother: a) has problems with alcohol; b) used recreational drugs including when Colton was in her care; c) has a history of domestic violence; and d) has a history of violence towards others generally. From my review of the records of the Society, I find that there were no concerns regarding the father’s parenting skills. There were, however, significant concerns regarding the mother’s ability to care for her son – to the point that the mother was not permitted to have unsupervised access with Colton. On at least one occasion, the mother removed the child from school without the consent of the father. As of June 2014, the Society closed its file with respect to the family.
b) Elizabeth Ann Copan
[25] The paternal grandmother also gave evidence. Ms. Copan has a grade 10 education. She has never had any involvement personally with the Children’s Aid Society of Nova Scotia or of Ontario. She has not, since moving to Ottawa, worked outside her home. She resides with the applicant and Colton.
[26] The activities which Ms. Copan does with Colton include colouring, sports outside, sledding, outings at restaurants, and other activities in an effort to keep him busy. Colton sees his cousins at school. They also get together on a regular basis outside school. Cal, who is five years old, visits at the Copan home to play with Colton at least twice a week.
[27] Ms. Copan describes Colton as a happy child. She does, however, have concerns for him with respect to his speech and language skills. Nonetheless, Colton is receiving assistance with respect to these issues. Ms. Copan is not aware of any health concerns for Colton. The boy has both a paediatrician and dentist in the area. Ms. Copan and the father collectively ensure that Colton attends regular appointments with his health-care providers.
[28] Ms. Copan was diagnosed with chronic fatigue syndrome in 1993 – as a result of which she stopped working. Her condition does not prevent her from assisting in the care of Colton. She has a driver’s licence and drives a vehicle in Ottawa.
Decision
[29] This application is made pursuant to section 24 of the Children’s Law Reform Act, R.S.O. 1990, c. C.12. The determination of the father’s application for sole custody of Colton must be determined on the basis of the best interests of the child. It is clear from the evidence of the father and of Ms. Copan that they are both dedicated to ensuring that Colton has a stable family life in Ottawa, that his educational and health-care needs are met, and that he is given the opportunity to spend time with his extended family.
[30] It was the father’s evidence that he earned significantly more money while working in Alberta. In 2014, before the economy of Alberta began to take a negative turn, the father made the decision to give up his existing lifestyle of weeks on and weeks off in Alberta, to give up the income which that lifestyle was generating at the time, and to establish a permanent, stable home for himself, Colton, and Ms. Copan in Ottawa.
[31] It is clear that the father is putting his son’s interests first and taking the steps necessary to ensure that his son is given the opportunity to succeed in school, to develop a relationship with his extended family, and to explore activities of interest.
[32] Based on the documentary evidence and the father’s description of the mother’s involvement with Colton, I find that the mother is not in a position at this time to participate in a meaningful way in Colton’s life.
[33] Taking into consideration the factors delineated in section 24(2) of the CLRA, I find that:
- It is in Colton’s best interests that the applicant has sole custody of Colton.
- The respondent may have access with Colton entirely at the discretion of the applicant and taking into consideration the need gradually reintroduce the mother as part of Colton’s life in the event the mother expresses a desire to be part of her son’s life; and
- Any access which the respondent has with Colton is to be supervised by the applicant or an individual chosen by the applicant.
[34] There is no evidence before me as to the income, if any, which the respondent mother has been making since 2012 or which she is currently making. As a result, it is not possible to make a determination as to the amount of child support, if any, payable by the mother.
Order
[35] For the reasons set out above, I order as follows:
- The applicant father shall have sole custody of Colton Joseph Copan, born on April 25, 2008.
- The respondent mother shall have access visits with Colton Joseph Copan entirely at the discretion of the applicant.
- The access visits which the respondent mother has with Colton Joseph Copan shall be fully supervised by the applicant or by an individual of his choice.
- The application for an order requiring the respondent mother to pay child support is dismissed without prejudice to the rights of the applicant father to pursue the same relief at a later date.
Costs
[36] The applicant father was self-represented. He was well-prepared for the trial having collected and organised documents from the Cape Breton Regional Police Service and from the Department of Community Services of Nova Scotia. If the applicant father intends to seek an order with respect to costs, he shall make written submissions as follows:
a) The submissions shall be limited to a maximum of three pages, exclusive of a bill of costs; b) Written submissions shall be double-spaced, on single-sided pages, and in a font which is at least 12 pt; c) Hard copies of any case law or other authorities relied on shall be provided with the submissions. Copies of authorities, if provided, shall be on single-sided pages; and d) Written submissions shall be delivered by 5:00 p.m. on the tenth business day following the date on which this decision is released.
[37] Otherwise, there shall be no order as to costs of the application.
Madam Justice Sylvia Corthorn