Court File and Parties
Court File No.: F1200/16 Date: 2017/07/21 Superior Court of Justice – Ontario Family Court
Re: Stephen David Doyle, Applicant And: Anna Zaneta Chmura, Respondent
Before: Rady J.
Counsel: Self-Represented, Applicant Mr. Reich, for the Respondent
Heard: July 19, 2017
Endorsement
[1] Ms. Chmura seeks an order either to have Patrick who is six returned to her care or in the alternative, shared parenting time which she says was the status quo until recently. Ms Chmura was injured in a boating accident last year and has challenges as a result, but she denies that they interfere in any way with her ability to parent Patrick. She denies substance dependency issues and is on a methadone program.
[2] Mr. Doyle resists the relief sought. He filed no material for this motion but purported to give evidence from counsel table. He attempted to provide information that was clearly hearsay which I would not permit. I reviewed material he filed on prior occasions, however.
[3] At the case conference held June 2, 2017, Justice Leach requested the involvement of the Office of the Children’s Lawyer. However, it declined to do so because Mr. Doyle failed to complete the necessary documentation. He suggested he has been too busy.
[4] It is clear that the parties have completely different views of their history and what the arrangements for Patrick were. I am most concerned that I do not have up-to-date admissible evidence from Mr. Doyle in the form of an affidavit. I am also very concerned that the Office of the Children’s Lawyer declined to become involved through no fault of Ms. Chmura. I note that order was made on consent. Mr. Doyle’s explanation for his failure to do his part is unpersuasive.
[5] It is clear that the child’s residential arrangement requires stability – something that has been absent recently based on what I have read in the file. I have reviewed Justice Leach’s endorsement from the case conference. It seems to me that both parents were caring for Patrick at that time, while living separately under one roof. This supports Ms. Chmura’s contention that a shared parenting arrangement was in place.
[6] On an interim basis I order that Patrick be with each parent on a week about basis until the settlement conference scheduled for August 27, 2017.
[7] Patrick will be with Ms. Chmura commencing on Sunday, July 23, 2017 at 10 a.m. Her sister (or in the alternative the paternal grandfather) will facilitate parenting exchanges.
[8] In the meantime, I have signed another order asking for the Office of the Children’s Lawyer’s involvement. It is my expectation that Mr Doyle will promptly complete the necessary paperwork.