COURT FILE NO.: FS-16-87387 DATE: 20180626 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Yuan Guo Applicant

AND:

Jian Li Respondent

BEFORE: Ricchetti, J.

COUNSEL: P. Mahdi for the Applicant/Mother D. Beamish for the Respondent/Father

HEARD: June 21, 2018

ENDORSEMENT

The Motion

[1] The Father brings this motion for a summer parenting schedule seeking alternating weeks parenting time over the summer and for a variation of parenting time commencing September 1, 2018.

[2] The matter is currently set for trial in January 2019.

[3] A Trial Management Conference was held on June 4, 2018.

[4] Justice Seppi gave the parties leave to bring a motion regarding summer access.

[5] No leave was given regarding a variation of parenting time commencing September 1, 2018.

[6] As a result, I will only deal with summer access.

The Background

[7] The parties separated In June 2013.

[8] There are two children of the marriage: Cindy Li (dob May 6, 2008") and Eric Li (dob June 8, 2011) ("the Children").

[9] An interim access order was made by Justice Trimble on October 6, 2016. Justice Trimble also requested the involvement of the OCL.

[10] By agreement, in November 2016, the parties agreed on a revised parenting plan.

[11] On March 16, 2017, the OCL delivered its report ("OCL Report"). The OCL Report recommended a parenting schedule throughout the year, a holiday schedule and a summer schedule.

[12] The OCL Report recommended that during the summer each parent have a full week in each of July and August and that the recommended parenting schedule apply at other times.

[13] The OCL Report also stated that "in the future as Eric becomes older, the parents may wish to revise the summer access schedule to become a week about."

[14] The OCL report was extremely detailed. There is considerable history to the party's dispute including charges, the involvement of CAS and health issues involving the Children.

[15] On April 18, 2017, Justice Donohue made an order setting out a parenting access schedule.

[16] On June 28, 2017, at a Settlement Conference, the parties agreed to a summer parenting schedule whereby each of the parents would have a full week in July and August and the regular schedule (the April 18, 2017 Order of Donohue J.) would apply for the rest of the summer.

The Analysis

[17] The Father submits that the OCL recommendation of moving to a week about should be implemented over this summer. The Father's work is flexible and he can be home.

[18] The Mother submits that she is concerned regarding Cindy's mental health and possible self harm. This court cannot make a determination on this issue based on the Mother's affidavit evidence and commentary documents the Mother relies on from third parties. It is unclear whether there is a real danger to Cindy's physical health. More importantly, the Mother's position is inconsistent. The Mother agrees the Father can have one full week parenting time in July, one full week parenting time in August and regular parenting schedule at other times but submits that giving the Father four full weeks (i.e. the week about he wants) raises mental health issues and self-harm issues for Cindy. I do not accept the Mother's concerns for the purpose of this motion.

[19] I agree that the OCL Report recommended going to a week-about but it did not say when. The OCL structured a well balanced recommendation based on its investigation and made a recommendation regarding summer access. Essentially, the parties agreed to follow that summer access in 2017.

[20] I see no reason to vary the summer access from that of 2017.

Conclusion

[21] The following order shall issue:

a) The Father and Mother shall each have a full week parenting time with the Children in each of July and August and the regular parenting time as set out in Justice Donohue's order of April 18, 2017 shall otherwise apply.

b) Unless the parties can otherwise agree in writing:

i. The Father can select which full week he wants for July within one week of the release of these reasons. He shall advise the Mother of his selection in writing;

ii. The Mother can select which full week she wants for August within one week of the release of these reasons. She shall advise the Father of her selection in writing; and

iii. The weeks selected by the parties cannot be back-to-back so that either parent has the Children for two consecutive weeks.

Costs

[22] Any party seeking costs shall serve and file written submission on entitlement and quantum within two weeks of the release of these reasons. Written submissions shall be limited to 3 pages, with attached Costs Outline and any authorities.

[23] Any responding party shall have one week thereafter to serve and file responding submissions. Written submissions shall be limited to 3 pages with any authorities relied on attached.

[24] There shall be no reply submissions without leave.

Ricchetti, J.

Date: June 26, 2018

COURT FILE NO.: FS-16-87387 DATE: 20180626 ONTARIO SUPERIOR COURT OF JUSTICE Yuan Guo Applicant AND: Jian Li Respondent ENDORSEMENT Ricchetti, J. Released: June 26, 2018