Carrick v. Bowers, 2018 ONSC 4492

Court File and Parties

Court File No.: F828/17 Date: July 24, 2018 Superior Court of Justice – Ontario Family Court

Re: Dustin Thomas Christopher Carrick, Applicant And: Kristi-Lynn Joyce Bowers, Respondent

Before: Vogelsang J.

Counsel: David Winninger for the applicant Eric Vallillee for the respondent

Heard: July 11, 2018

Endorsement

Background

1The parties’ son, Dustin Junior, will turn four years of age on August 24, 2018. As such, he will have to begin full-time Junior Kindergarten in early September. The parents, commendably, were able to agree to a shared parenting – equal time residential scheme and Grace J. signed a temporary order on September 17, 2017 for week-about care – with exchanges at 6 p.m. on Wednesdays. Unfortunately, the parties are unable to come to a similar agreement about Dustin’s school placement in the Fall.

Positions of the Parties

2In her June 14, 2018 motion, Ms. Bowers seeks an order allowing her to enroll Dustin at the Chippewa Public School in the North Central portion of London – about 1 kilometre from the residence she shares with her partner, Mr. Marr, her six-year old daughter Nikolette and a new baby born in June of this year. She maintains that she can continue the short walks she has taken with Dustin to the Chippewa school and offers examples of the friends and teachers Dustin has met at the school. She says it would work a substantial hardship on her if she were to be required to transport Dustin across London to take him to the school proposed by Mr. Carrick in the weeks when she is the residential parent.

3Mr. Carrick’s point of view, as expressed in his July 5, 2018 cross-motion, is that an order should be made that Dustin Junior be enrolled in the John P. Robarts Elementary School on Bow Street off Marconi Blvd. in Southeast London. Although he describes the school as “across the street” from his residence, the parties seem to agree that the parents’ residences are separated by about six kilometres and that the Robarts school is, likewise, approximately one kilometre from his residence. He says he attends a Pathways program to train for employment (but does not explain where it is) and pleads a chronic lack of funds as an explanation for his inability to satisfy unpaid fines and regain his driver’s licence. Similarly, Mr. Carrick deposes that his new partner, Ms. Parks, is required to attend the Wheable Adult Education Centre in an attempt to upgrade her qualifications. He puts to the court that he would be even more disabled than Ms. Bowers in getting Dustin to a distant school when their son is with him.

Analysis

4This is not a case where one of the parties bears an onus to justify the imposition of a change to a child’s situation or plan: see Cosentino v. Cosentino, 2016 CarswellOnt 14120 (Sup. Ct.). Neither do the facts here support recourse to the greater importance of residential responsibility and primary parenting as in Grey v. Grey, 2013 ONSC 5572 (Sup. Ct.).

5The parties seem to concede that an assessment of the best interests of this child is the only proper criterion governing the choice of school in September. I agree: see Ronen v. Ronen, 2012 ONSC 4950 (Sup. Ct.).

6In my view, the established routine where Dustin is taken with his half-sister to the Chippewa school would have established enough connection between the boy and the institution, its teachers and other students to provide a sufficient comfort to him in that environment to make that school choice the preferred option. It will also reduce the inconvenience to him in getting to school.

7I realize that this disposition may require Mr. Carrick to make an extra effort to get Dustin to Ms. Bower’s residence or to the Chippewa school on the days when the boy is in his care, but that is a problem more of the parents’ respective residential locations and their financial circumstances and must not have an impact on their son’s stability and happiness.

Disposition

8An interim order will go directing that Dustin be enrolled in the Chippewa Public School for classes beginning in September. If costs are sought, written submissions of four pages maximum may be transmitted to me through my assistant’s office within 30 days.