Court File and Parties
COURT FILE NO.: FC-12-610-1 DATE: 2016/08/10 SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Julie Nancy Green, Applicant AND Andrew Green, Respondent
BEFORE: C.T. Hackland J.
COUNSEL: Ms. C. Squire, for the Applicant Ms. R. Rosenstock, for the Respondent
HEARD: August 9, 2016
Endorsement
[1] The applicant, Julie Green, separated from the respondent, Andrew Green, about 8 months ago, following a 15 year relationship. Their children are Quintin, age 4 and Logan age 1 and they reside with Mrs. Green. She has just returned to work from a maternity leave and Mr. Green has recently obtained new employment as an I.T. specialist earning $66,000 annually – in his previous government position he earned $58,000. No child support has been paid. The parties disagree on access. Mr. Green has exercised supervised access twice to Quintin through a family friend of Mrs. Green’s for several hour visits.
[2] The issues in this motion are (1) interim custody (2) access (3) restraining order (4) child support.
[3] The evidence reveals Mr. Green has sent inappropriate emails alleging Mrs. Green was having an affair. He admits to this. He denies responsibility for a series of bizarre emails which impugn Mrs. Green’s character. There is medical evidence Mr. Green suffers from an anxiety disorder and has OCD traits which can cause him difficulty in work and home environments. He refused to accompany his lawyer to the scheduled case conference before Quigley J. on May 12, 2016. Mr. Green seeks joint custody and relies on Dr. De’s letter (his family doctor) saying there are “no concerns regarding his parental capacity”. I note that the psychiatric report filed with the court offers no such assurance.
[4] The key issue in dispute is whether Mr. Green’s visitation requires to be supervised as Mrs. Green contends. She believes Mr. Green is not stable at this time and may not be safe dealing with these two young children with whom he has had minimal contact in the 8 months since separation. She notes Mr. Green originally agreed to supervised access but then withdrew his application and also reneged on his agreement to take anger management counselling.
[5] In all the circumstances, I make the following temporary order:
- Mrs. Green will have custody of the 2 children Quintin, age 4 and Logan age 1;
- Mr. Green will pay child support in the sum of $861/month retroactive to January 1, 2016 to July 31, 2016 (total arrears $6,027) and $981 per month commencing Aug 1, 2016 (on present annual income of $66,000). These amounts shall be paid through the Family Responsibility Office.
- Mr. Green is prohibited from sending email, texting or other communication discussing Mrs. Green or her activities to third parties. He may text or email Mrs. Green concerning the children provided this is done in a civil and respectful manner.
- Mr. Green’s access to Quintin and Logan will be supervised for a period of 6 months from its inception, unless the parties agree otherwise. This supervised access will be once weekly and will commence as soon as possible through the Supervised Access Centre or the Separation and Divorce Resource Centre. (The frequency of access may be increased if the parties agree). The parties may substitute an alternative access regime should they agree in writing;
- Mrs. Green is entitled to her costs of this motion and of the May 27 case conference. Counsel for Mrs. Green will provide a brief costs submission within 10 days hereof and counsel for Mr. Green may respond within 10 days of receiving the applicants submissions.