Miles v. Heenan, CITATION: 2018 ONSC 3765

COURT FILE NO.: 20/15

DATE: 2018-06-15

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: William Howard Miles, Applicant

AND: Darcy Francis Heenan, Respondent

BEFORE: Mr Justice Ramsay

COUNSEL: none

HEARD: June 15, 2018 at Welland

ENDORSEMENT

[1] I agree with the Applicant that the child would be better off living with him, but the boy is 17 and has his own mind. I do not think it in the child’s best interest to force the issue. It would risk doing more harm than good.

[2] The order of Kitely J. dated August 20, 2008 and my order of September 28, 2015 are varied to provide as follows:

a. The parties shall have joint custody of Aiden D. Miles born March 3, 2001.

b. The child’s principal residence shall be with the Respondent Darcy Francis Heenan.

c. The child shall reside secondarily with the Applicant according to his wishes.

d. Child support payable by the Respondent is terminated as of November 1, 2017.

e. I declare that as of June 15, 2018 the child’s habitual residence is in the Regional Municipality of Durham.

f. There will be no order as to costs.

J.A. Ramsay J.

Date: 2018-06-15