COURT FILE NO.: FC-14-2098
DATE: 2018/07/20
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: BANA NAQIB, Applicant
AND
MOHAMED YAM SAKKAL, Respondent
BEFORE: Justice Marc R. Labrosse
COUNSEL: Kathleen Kealey, Counsel, for the Applicant
Ron Paritzky, Counsel, for the Respondent
ENDORSEMENT – ACCESS SCHEDULE
JUSTICE M. LABROSSE
[1] This Endorsement follows my July 5, 2018 Endorsement and the continuation of the motion for access. The parties have come to an agreement on the majority of the following terms, subject to their various correspondences between July 10, 2018 and July 16, 2018 to the Court which I have taken into consideration:
a. The sum of $8,000.00 shall be released from trust and paid to the Respondent as soon as practicable.
b. The Respondent shall pay as spousal support to the Applicant, the sum of $1,250.00 a week starting on July 12, 2018 and ending with the fourth payment on August 2, 2018. These payments will be paid directly to the Applicant and not to the Family Responsibility Office. The Respondent will deduct these payments from his taxable income and the Applicant will include these payments in her taxable income.
c. The Respondent will set aside $3,000.00 of the trust funds to be used for the sole purpose of paying the supervisor(s).
d. The Respondent shall exercise access to the children on the terms set out in Appendix “A” and “B” attached hereto. A copy of all signed Supervised Access Guidelines shall be provided to the Applicant prior to such supervisor acting as an access supervisor. Justice Labrosse shall remain seized of the access terms and schedule pending the completion of the assessment referred to below. Justice Labrosse will meet with the parties and resolve any disputes pending the completion of the assessment.
e. If an assessment has not been completed by February 1, 2019, the Respondent may ask this Court for an Order granting him overnight access without the necessity of establishing a material change in circumstances. Although subsequently objected to by the Respondent, this is an essential component of my access order to ensure that access may progress in the best interests of the child while affording the parties with the opportunity to make submissions on this issue, if required.
f. The Applicant shall provide the children with a telephone to call the Applicant during access in the case of an emergency.
g. On seven (7) days prior notice after September 1, 2018, the Respondent will be able to travel to Montreal with the children to visit members of his family with a supervisor. Such day shall be a Saturday and the access time will be extended to 6:00 p.m. to account for travel time.
h. The parents shall:
(i) prefer the children’s interests to their own and at all times keep the best interests of the children in mind;
(ii) encourage the children to have a good relationship with each party;
(iii) refrain from making disparaging or negative remarks to the children about the other party, and discourage others from doing so in the presence of the children;
(iv) through www.ourfamilywizard.com, exchange information and communicate about the children, such communications to be posted on the web-based application, private, respectful, related solely to the children, not shared with the children or third parties without the other’s consent, and no more than once per day, except in the case of an emergency. It is intended that www.ourfamilywizard.com will be the usual method of communication, subject to emergencies and instances where a party may not receive a communication in time if not sent by e-mail or text message. If either party abuses of the ability to send text messages or e-mails, I will revisit the right to do so;
(v) share all documents regarding the children by scanning the document and then posting it on the web-based application for the other party, rather than requiring the children to transport documents between them;
(vi) refrain from discussing with the children, or with a third party in the presence of the children, present or past legal proceedings, issues between the parties in any such legal proceedings or any conflicts between the parties; and
(vii) ensure that all information or documentation pertaining to the parties’ separation and divorce, including all personal correspondence or e-mail communications in respect thereof, is not accessible to the children.
[2] The terms of the Respondent’s access shall be reviewable by Justice Labrosse at the request of either party any time after October 1, 2018.
[3] The Respondent shall be entitled to his costs of this motion, fixed in the amount of $7,500.00 inclusive of taxes and disbursements. The sum shall be withdrawn from the proceeds of sale of the matrimonial home, currently held in trust, and the monies will be treated as an advance to the Applicant.
Justice M. Labrosse
Date: 2018/07/20
APPENDIX “A”
SUPERVISED ACCESS
- Agreed supervisors
Family: The Respondent’s children by Rachel Vincent.
Other: Soad Soliman as the primary supervisor and Nashi Mohamed and Zahid Abid as secondary supervisors. Such other persons as the parties may agree in writing.
- Frequency of Visits
Twice a week. Saturday from 9:30am to 4:00pm and Sunday from 2:00pm to 6:15pm. The first two Saturday access visits shall be limited to four (4) hours to allow for a period of reintegration. Such access to begin Saturday, August 4, 2018 to continue until October 1, 2018 at which time supervision shall end.
Supervised access will only take place where the Respondent has confirmed by way of www.ourfamilywizard.com that he has an agreed supervisor available to supervise his access at least 48 hours before such access is to take place. Should an access visit need to be re-scheduled, either because a supervisor is unavailable or for other reason, the request should be done through the web-based application.
Parties will be flexible and try to work around inconvenient times and/or days.
Pick up and drop off is to take place at the Supervised Access Centre but if not available, is shall take place at the Tim Horton’s at 1263 Bank Street, Ottawa with the supervisor present.
- Geographic Limits
City of Ottawa and the National Capital Region subject to one visit taking place in Montreal as set out in this Endorsement.
- Guidelines
See attached.
APPENDIX “B”
SUPERVISED ACCESS GUIDELINES
The provider of the supervision for access is responsible for following all the terms and conditions of any supervised access court order. The supervisor is responsible for the following:
Assist to reasonably ensure the health, safety and welfare of the child;
Follow the frequency and duration of the access as ordered by the court;
Remain neutral;
Ensure that all contact between the child and the supervised party is within the supervisor’s hearing and sight;
Avoid derogatory comments about another party, his or her family, the caretaker, the child or the child’s siblings;
Avoid discussion of the court case or possible future outcomes;
Ensure age appropriate discussions with the child;
Allow no spanking, hitting, or threatening of the child;
Allow no access to occur while the supervised party appears to be under the influence of alcohol or illegal drugs;
Allow no emotional, verbal, physical, or sexual abuse; and
Terminate the visit should the supervised party breach the above‑noted guidelines.
I acknowledge that I have read and agree to enforce the terms and conditions of the Supervised Access Guidelines. I further agree that I will not provide any affidavit/statements for the court proceedings.
Name of supervisor (signature) Date
Witness (signature) Date
COURT FILE NO.: FC-14-2098
DATE: 2018/07/20
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: BANA NAQIB, Applicant
AND
MOHAMED YAM SAKKAL, Respondent
BEFORE: Justice Marc R. Labrosse
COUNSEL: Kathleen Kealey, Counsel, for the Applicant
Ron Paritzky, Counsel, for the Respondent
ENDORSEMENT – ACCESS SCHEDULE
Justice M. Labrosse
Released: 2018/07/20