Inthadeth v. Esford, 2018 ONSC 6041

Court File and Parties

COURT FILE NO.: FC-18-900 DATE: 2018/10/11 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Savay Inthadeth, Applicant -and- Sarah Ashley Esford, Respondent

BEFORE: Justice P. MacEachern

COUNSEL: Applicant, Self-Represented Respondent, Self-Represented

HEARD: October 5, 9, and 10, 2018

Endorsement

[1]

Background

The trial in this matter was heard over three days – October 5, 8 and 9, 2018. The main issue in dispute between the parties is the Respondent’s desire to move the child’s residence from Ottawa to the Sterling (Belleville), Ontario area.

2The parties were not married and did not cohabit. They have one child, born Shaylon Cael Inthadeth, born April 16, 2010, now age 8.

3This is the originating court proceeding between the parties. There is no previous court order or formal parenting agreement setting out custody, parenting or child support.

4The Application was commenced on May 9, 2018. On May 11, 2018, the trial in this matter was ordered to be expedited and it was added to the September/October, 2018 Ottawa trial sittings.

5Shaylon has resided in the Respondent’s primary care and under her de facto sole custody since birth until June/July of 2018 when Shaylon began to spend alternating weeks with each parent. Since September of 2018, Shaylon has primarily resided with the Applicant, given the Respondent’s relocation to the Belleville area and the interim Order dated May 11, 2018 that prevented the Respondent from moving the child to Sterling, Ontario pending the trial.

[6]

Issues

The issues in this Application concern custody, access, future child support, retroactive child support, and life insurance to secure child support. Given the importance of the mobility issues being determined on an expedited basis, I am providing my Orders with respect to the parenting issues now, with reasons to follow at a later date along with my determination of the child support issues.

[7]

Orders

I find that it is in Shaylon’s best interests to be in the Respondent’s primary care and to move with her to her new residence in the Sterling (Belleville), Ontario area. Accordingly, I make the following orders:

1. The Respondent, Sarah Ashley Esford, shall be permitted to relocate the child’s residence to the Sterling (Belleville), Ontario area, forthwith and to register the child in a school in that area.
2. The Respondent, Sarah Ashley Esford, shall have sole custody of the child, Shaylon Cael Inthadeth, born April 16, 2010.
3. The child shall primarily reside with the Respondent.
4. The Applicant shall have regular parenting time with the child as follows: a. Every second weekend from Friday evening at 5:30 p.m. to Sunday evening at 5:00 p.m., to be extended to Monday evening at 5:00 p.m. in the event that Monday is a civic holiday. These alternate weekends with the Applicant to commence on Friday, October 19, 2018; b. Access during the Christmas school holiday, from December 26th at 9 a.m. to December 28th at 5:00 p.m., unless otherwise agreed between the parties. In the event that the Applicant’s regular alternate weekend parenting time falls during the period from December 23rd to December 28th, his alternate weekend access shall be suspended during this period. c. Such other times as the parties may agree.
5. During the months of July and August in each year, when Shaylon is not in school, commencing on the first Friday of July, the regular parenting schedule shall be suspended and Shaylon shall spend alternate weeks with each parent. The summer schedule, unless otherwise agreed between the parties, shall commence with the Applicant having Shaylon in his care for the first week, starting the first Friday of July at 5:30 p.m. and ending on the following Friday at 5:30 pm, when Shaylon will then be in the care of the Respondent, and alternating weekly until the last Friday in August at 5:30 p.m., when Shaylon will be returned to the other parent and the regular parenting schedule will recommence. Unless otherwise agreed, if Shaylon was not with the Applicant in the last week of the summer access period, the Applicant’s alternate weekend access will start on the last Friday in August at 5:30 p.m. If Shaylon was with the Applicant in the last week of the summer access period, his alternate weekend access will start on the second weekend following the last Friday in August, at 5:30 p.m.
6. Given that the Applicant resides in Ottawa and the Respondent resides in Sterling, Ontario, unless otherwise agreed, the transfers shall take place at the previous transfer point in Maberly, Ontario, which is approximately midway between Ottawa and Sterling, although closer to Ottawa.
7. The Applicant is restrained from operating any vehicle in which the child is travelling without a valid and up-to-date legal license to do so, and valid and in force vehicle insurance. The Applicant shall provide proof that he has a valid driver’s license and vehicle insurance to the Respondent if he proposes to operate a vehicle in which the child is travelling, upon the Respondent’s request. If the Respondent fails to produce a valid driver’s license and vehicle insurance, the Respondent may deny access to the Applicant until the Applicant produces proof of his driver’s license and vehicle insurance or makes alternate arrangements for transportation for the child that is safe and appropriate.
8. Each parent shall be entitled to reasonable communications with the child while the child is in the care of the other parent by telephone, email, text or other means, such access not to unduly interfere with the other parent’s parenting time or the child’s activities.
9. The child shall be entitled to initiate communications with the other parent whenever he wishes, such communications to be facilitated by the parent who has care of the child by ensuring that the child has access to appropriate communication devices.
10. Each party shall be required to keep the other party informed of their current residential address, contact information and any changes thereto. If the Applicant will be staying with the child overnight at a residence other than his own, he will advise the Respondent of this in advance, and the address of the residence at which he will be staying with the child.
11. Any breach by the Applicant of the orders provided at paragraphs 7 and 10 above shall constitute a material change in circumstances upon which the Respondent may apply to change the Applicant’s access.