CITATION: Jackson v. Jackson, 2016 ONSC 7829

COURT FILE NO.: D 22850/11

DATE: 2016/12/13

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

Carmen Marie Jackson

Maria Lucarelli, counsel for the Applicant

Applicant

• and -

David Gordon Jackson

Patricia Lucas, counsel for the Respondent

Respondent

HEARD: June 23, 24, 25, 26, 30, 2014 July 3, 2014 December 10, 11, 14, 15, 16, 17, 18, 2015 January 18, 19, 20, 21, 22, 25, 26, 27, 28, 29, 2016 May 24, 26, 27, 2016 June 29, 30, 2016 August 5, 22, 2016

THe Honourable madam justice Deborah L. Chappel

reasons for judgment respecting 2016 christmas time-sharing

[1] On August 22, 2016, I reserved judgment in the trial of this matter. The issues to be determined in this case are custody and time-sharing respecting the children Jacob David Jackson, born December 23, 2004 (“Jacob”) and Carter Joshua Jackson, born May 6, 2008 (“Carter”), child support, spousal support, benefits coverage and life insurance coverage. The evidence in the trial included oral evidence that I heard in the context of the hearing of a Contempt Motion which the Applicant commenced in April 2014 and which ended in January 2016. I released my Reasons for Judgment in relation to the Contempt motion on June 2, 2016. In total, I heard 30 days of evidence in this trial and received 124 exhibits. There were 790 pages of trial notes to review. The trial was extremely protracted and challenging for all those involved. Unfortunately, due to the sheer volume of the evidence that I needed to carefully review once again, a number of other urgent reserved judgments in child protection matters and the nature of my court sitting schedule since September 2016, I have been unable to complete full Reasons for Judgment to date. However, I have completed a thorough review of the evidence.

[2] The Christmas holiday season is quickly approaching. Since January 2014, the parties have consistently experienced a great deal of conflict around time-sharing for special occasions and holiday periods, and I find that this dynamic has added fuel to their already extremely high conflict separation and divorce. As I will discuss in further detail in my full Reasons for Judgment, this conflict has had a negative impact on the children. They are well aware of the intense tension between the parties, have been exposed to many of their disputes, and have experienced loyalty conflicts as between their parents. Having regard for these considerations, I have determined that the best interests of the children require that I release a ruling and an overview of my Reasons on the issue of 2016 Christmas holiday time-sharing.

[3] Predictably, the parties’ positions respecting Christmas time-sharing differed significantly. The Applicant requested an order that in even numbered years, the children be with the Respondent from December 25^th at 11:00 a.m. until January 1^st at 3:00 p.m., and that they be with her for all other times during the school Christmas break. She requested that this time-sharing be reversed in odd numbered years. The Respondent sought an order limiting the Applicant’s special time-sharing over the school Christmas break to the period from December 25^th at 3:00 p.m. until December 26^th at 6:00 p.m. His position was that the regular time-sharing arrangement should apply for the remainder of the holiday period. His request respecting regular time-sharing was that the Applicant have the children every Wednesday for an evening visit only, from 5:30 p.m. until 8:30 p.m., and on alternate weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m.

[4] I conclude that it is in Jacob’s and Carter’s best interests that the school Christmas break period spanning from December 23, 2016 until January 9, 2017 be shared equally between the Applicant and the Respondent, and that this equal time-sharing be effected in a manner that results in the children spending no more than three overnights at a time with the Applicant. Furthermore, the Applicant has not had the children for Christmas Eve and Christmas morning for four years. Her time with the children over the 2015 Christmas school break was very limited. I conclude that it is in the children’s best interests that they spend Christmas Eve and Christmas morning with their mother this year.

[5] The test for determining the appropriate Christmas holiday time-sharing arrangements for the children, as set out in section 16(8) of the [Divorce