Court File and Parties
Court File No.: 9097/14 Date: 2016-06-01 Superior Court of Justice – Ontario
Re: Christine Hope Corriveau, Applicant And: Roger Anatole Corriveau, Respondent
Before: Mr Justice Ramsay
Counsel: Paul Heath for Applicant Respondent in person
Heard: June 1, 2016 at Welland
Endorsement
Overview
1The Applicant and the Respondent each move for temporary custody.
Background
2The parties separated in 2014 after 19 years of marriage. They produced five daughters, whose respective ages now are 17, 16, 14, 9 and 8. There is no court order for custody and access. After a report from the Children’s Lawyer dated a year and a half ago the children began spending time with both parents on an approximately equal basis. That continued until April of this year, when the father kept the younger two back. Since then, as a result of a plan developed with the assistance of FACS Niagara, they have been visiting their mother three afternoons a week with no overnight visits.
Analysis
3I cannot decide all the factual issues presented by the written material, but this much I know: all five children have done what they can to get away from the Applicant. The teenaged girls no longer live with their mother. They have successfully managed to move in with their father or a third party. One is trying to set up on her own. The two younger girls climbed out a second floor window at their mother’s house in April of 2016, with the result that one of them went to the emergency room suffering from a fall. The Respondent thought it best at that time to limit time spent with the Applicant. I infer that something is wrong at the mother’s house and that the children should no longer be staying there overnight. I accept the Respondent’s assessment of the situation.
4FACS is involved. Their letter to the Applicant dated May 24, 2016 says:
While the Society has protection concerns and ongoing service is required, the Society would not presently remove the children from either parent’s care should the CLRA court place the children with either parent.
The Society is planning to work voluntarily with the two of you to address the identified concerns but would not look at seeking a supervision order, unless either of you were no longer willing to work voluntarily with the Society or are not following through with the agreed to service plan. A supervision order would also be considered if the risk to the children increased, as assessed by the Society.
5The problems are set out in greater detail in a letter from the Society dated May 6, 2016, which is also in the materials. The problems are not all the Applicant’s fault.
6I find that the decision to limit access was taken by the Respondent in good faith, and not for the purpose of gaining an advantage. I recognize that this is a concern in a case that involves such a high level of conflict.
7I think it in the children’s best interest to recognize the present arrangement as the new status quo. They need to stop going back and forth overnight. They need the stability of their father’s care and they need to continue to spend time with their mother in accordance with the access plan that has been developed with the help of FACS.
Order
8On a temporary basis I order:
a. the Respondent shall have custody of Isabella Grace Corriveau, born August 25, 2006 and Elina Michaela Corriveau, born November 24, 2007.
b. The Applicant shall have access to the children three afternoons a week according to the current access plan or otherwise as agreed by the parties.
c. Child support payable by the Respondent to the applicant for any of the five children of the marriage is terminated as of April 30, 2016. SDO to issue.
d. The Applicant shall deliver Isabella’s and Elina’s birth certificates and health cards to the Respondent forthwith, if she has them in her possession.
e. Both parties shall work in good faith with FACS Niagara to minimize the effects of conflict on the children.
f. Neither Isabella nor Elina shall leave the province without the consent of both parents or the court.
g. There will be no order as to costs.
J.A. Ramsay J.
Date: 2016-06-01