Court File and Parties
COURT FILE NO.: FS-90-01/09 DATE: 2017 02 16
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: KLR and KJR
BEFORE: McSWEENEY J.
COUNSEL: KLR, Self-Represented Applicant KJR, Self-Represented Respondent A. Counsel, Agent for Children’s Aid Society (“CAS”)
HEARD: February 13, 2017
ENDORSEMENT
[1] This was a continuation of a motion brought on an urgent basis without notice by the Respondent/Father before Price J. on February 3, 2017.
[2] In his detailed endorsement Justice Price sets out the facts before him at that time.
[3] Today, the Respondent/Father reiterated his concern for the parties’ 14 year old son (“XR”) and seeks to vary the existing custody order so that he has sole custody.
[4] Before me the following parties attended on the motion in addition to the parties:
- CAS counsel and social worker
- Mother’s parents and Mother’s partner
- Father’s sister
- Both of the parties’ children came to court as directed by Price J.
[5] I heard submissions from both parents about their concerns and also about XR’s current circumstances. I also had an opportunity to meet with XR and his older sister (“YR”), with whom he has been staying until today pursuant to the terms of the Price J. order.
[6] Counsel for CAS, the CAS social worker, provided information about the services available to, and currently being provided, to XR and his family.
[7] With all parties on notice and in attendance and having an opportunity to be heard, I order as follows:
(a) XR is to return to live at his Mother’s (Applicant’s) home effective February 13, 2017.
(b) OCL counsel for XR: In order that XR may be heard in ongoing discussions between his parents regarding where and with whom he will live going forward, it is important that he have counsel in these proceedings. Particularly in light of XR’s recent mental health crisis and self-harm behaviours, a steady advocacy on his behalf will assist in ensuring that he is heard in decisions concerning him. It is important that he knows what and why arrangements are being made for his care and has an opportunity to express his perspective and get answers to questions or concerns he may have. For these reasons, the OCL is requested to re-assign [counsel] in view of her prior involvement with the family as child’s counsel. If possible, [counsel] is requested to meet with XR the week of February 20, 2017, as his sister will be home from university and staying in [town]; and he will then have the option of having his sister’s support and presence as he did in court today. Both parents are directed to complete and submit OCL Intake Forms on an urgent basis to assist in the OCL expediting its consideration of this matter.
(c) CAS Services: Applicant/Mother is to continue to support and facilitate provision of CAS services to XR and the family and all parties are to co-operate with them. In particular, CAS support for facilitated communication between XR and his Mother, and between XR and his Mother and partner, is a very time-sensitive priority as he returns home today. I direct that a copy of this endorsement and order is to be provided to [counsel], agent for CAS, who in turn is to provide it to the CAS.
(d) Case Conference: Father’s motion to vary custody requires a case conference to be held before a motion can be heard. Case conference is scheduled for March 3, 2017 at 2:15 pm. OCL counsel is to attend for XR and both parents are to attend. Both parents are to comply with the Family Law Rules and file their documents before the case conference.
(e) Records Ordered by Price J.: In the unusual circumstances before him, on February 3, 2017, Price J. ordered production directly to the parent parties of XR’s emergency medical records by the [hospital]. [The hospital] sent the records to the court today with a request that, in view of the highly sensitive nature of the record (relating to XR’s recent mental health admission), that the record be provided to the court. I have reviewed the records and order the [hospital] productions to be sealed and placed in the court file. In the absence of a specific motion on notice for the release of these records to the parties, the records shall remain in the court file until otherwise ordered.
(f) Price J. also ordered production of the CAS file. CAS agent counsel today advised that the records are still being copied but will be available soon. I direct likewise that the CAS records shall be sealed and placed in the court file pending further order of this court.
(g) Similarly, the Toronto police records ordered by Price J. are to be sealed once received and placed in the court file not to be released without further court order. It is possible that OCL counsel, should counsel be appointed for XR, may seek production of these records in order to represent XR, which request shall be considered at that time.
(h) A copy of this endorsement and any order is to be provided to each of the non-parties whose records are referred to in 7(e) through (g) above.
Conclusion
[8] XR is a young man who has recently faced many difficulties. His self-harm and hospitalization appear to have frightened and galvanized his family members to express their concern and support for him. Everyone wants XR to “be ok”. However, it is critical that those helping him co-ordinate their own efforts and ensure that XR is part of the conversations and is listened to. The urgency of the situation which confronted Price J. on February 3, 2017, has abated significantly since that time and XR is content to return to [town] to his Mother, his school and his friends. However, it is critical that focus on his long term well-being be an ongoing, not a temporary, concern, for this family and those who support them. CAS has been of assistance to XR and his family and I hope this assistance will continue in XR’s best interests.
[9] I note that CAS agent counsel advised the court that it had concerns which it sought to convey to the court in the event that the Respondent/Father was to become sole custodial parent for XR. In view of the outcome of today’s proceeding, CAS was not required to specify the nature of those concerns. Should the Respondent/Father pursue his motion after the case conference, the court will require information regarding the nature of the CAS concerns and how they are addressed in any plan put forward by the Respondent/Father for the care of XR.
[10] The Respondent/Father’s urgent motion to change custody is adjourned to a case conference to take place on March 3, 2017 at 2:15 pm.
[11] A copy of this endorsement is to be sent to the OCL along with the OCL order signed separately.
McSWEENEY J
DATE: February 16, 2017