COURT FILE NO.: FC-17-1512
DATE: 2019/05/03
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: MELISSA MONCRIEFF – Applicant v. WINSTON FLORESCO-DAKIN - Respondent
BEFORE: M. Linhares de Sousa J.
COUNSEL: Andrew McMurray, for the Applicant
Rebecca E., Rosenstock, for the Respondent
HEARD: April 18, 2019
ENDORSEMENT
[1] The contested issue on this motion is whether the access of the Respondent, Winston Floresco-Dakin, to his young son, Carter Floresco-Dakin (DOB: February 22, 2015) ought to continue to be supervised by Mr. Floresco-Dakin’s mother. Carter is a special needs child and has been diagnosed with autism spectrum disorder.
[2] Unsupervised access is contested by the child’s mother, the Applicant, Melissa Moncrieff. She also asks that the existing restraining order continue in place.
[3] After hearing the submissions of counsel and reading the affidavit material filed, I am persuaded that supervised access should continue until Mr. Floresco-Dakin can provide an up to date medical report from his treating physician, that he has indeed completed his treatment and is compliant with the treatment and any medical recommendations being made as a result of the treatment.
[4] There is a long history of domestic conflict, volatility and erratic behavior on the part of Mr. Floresco-Dakin, including police involvement dating back to 2015. In September 2016, after a resolution of his criminal matters, Mr. Floresco-Dakin went to live in Hamilton with his mother and as a condition of probation began being treated by Dr. McNair, a psychiatrist, at the St. Joseph’s Healthcare.
[5] There is a report from Dr. McNair dated April 20, 2017, indicating that, in view of Mr. Floresco-Dakin’s declared intention to return to Ottawa, he will continue to be treated at the St. Joseph Healthcare until such time as his psychiatric care is picked up by the Royal Ottawa Hospital.
[6] There is another medical report from Dr. McNair dated, January 22, 2018 where she states:
“Mr. Floresco-Dakin has a good prognosis for continued remission provided he continues to adhere to medication treatment and maintains productive and social activity. He has reasonably good insight into this and works with his supports (his mother and friends) to maintain his activity level.”
[7] Mr. Floresco-Dakin has provided his discharge medical records from Dr. McNair’s treatment at the St. Joseph’s Healthcare. His file was closed on July 20, 2018. Those medical records indicate that Mr. Floresco-Dakin did not respond to follow-up phone calls and that as a result his file was closed.
[8] According to Mr. Floresco-Dakin since being discharged from Dr. McNair’s care at the St. Joseph Healthcare clinic he has sought out a new family physician for his prescribed medication. Mr. Floresco-Dakin has provided proof to his probation officer that he is being prescribed medication relating to his mental health.
[9] There is no direct information from that new family doctor. There is no evidence of who this family doctor is and how long the doctor has been treating Mr. Floresco-Dakin or how frequently he sees the doctor. There is no confirmation from the family doctor as to whether Mr. Floresco-Dakin is complying with the medical treatment, including compliance with prescribed medicine and other recommendations of that doctor. In my view, this information is required before supervision of access can be removed.
[10] Pursuant to the Order of Justice Engelking dated January 1, 2018, Mr. Floresco-Dakin exercises access to Carter for 4 hours every second Saturday, supervised by his mother. Ms. Dakin’s evidence is that she is prepared to continue supervising access if necessary. Although she does point out in her affidavit that the cost and onerousness of such supervision. By all accounts visits are going well.
[11] Given the long history of conflict in this case the request for more specific and current medical evidence relating to the current state of Mr. Floresco-Dakin’s mental health is not unreasonable.
[12] For the above reasons the court orders as follows:
Commencing the weekend of May 11, 2019, Mr. Floresco-Dakin’s access will be every second Saturday from 9am to 4pm, but it will remain supervised by his mother until further order of the court.
The issue of whether access should be supervised shall be adjourned until Mr. Floresco-Dakin provides the information below and may thereafter be brought back:
copies of pages 1 to 31 of the Respondent’s medical records from the St. Joseph’s Healthcare;
a letter from his family physician regarding: his mental health and ability to care for a child; dates of visits to the doctor; compliance with recommendations of the doctor; compliance with use of prescribed medication; listing of when medication was prescribed and refills provided;
Mr. Floresco-Dakin shall have no contact with Melissa Moncrieff, except for the sole purpose of organizing access to, or communicating information about Carter Floresco-Dakin and this shall be done, in writing, through Our Family Wizard;
All pick-up and drop-off of Carter Floresco-Dakin shall be through Karen Moore Dakin, a supervised exchange program, or as set out in a Court Order or written agreement between the parties;
Mr. Floresco-Dakin will not be within 500 meters of any place where he knows Melissa Moncrieff lives, works except for the purpose of exercising his access to Carter Floresco-Dakin, as set out in paragraph 1, above;
Mr. Floresco-Dakin will have no contact with Ms. Moncrief’s mother and not be within 500 meters of her residence.
Mr. Floresco-Dakin will not be within 500 meters of any place where he knows Melissa Moncrieff’s immediate family lives, works, or frequents except for the purpose of exercising his access to Carter Floresco-Dakin, as set out in paragraph 1, above.
[13] The last issue is costs. Ms. Moncrieff shall have two weeks from the date of this endorsement to serve and file her written submissions on costs, including any offers to settle. Mr. Floresco-Dakin shall have two weeks from that date to serve and file his written submissions on costs, including any offers to settle. Ms. Moncrieff shall have one week to serve and file a reply if she feels it advisable.
M. Linhares de Sousa J.
Date: May 3, 2019
COURT FILE NO.: FC-17-1512
DATE: 2019/05/03
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: MELISSA MONCRIEF – Applicant
AND
WINSTON FLORESCO-DAKIN - Respondent
BEFORE: M. Linhares de Sousa J.
COUNSEL: Andrew McMurray, for the Applicant
Rebecca E., Rosenstock, for the Respondent
ENDORSEMENT
Released: May 3, 2019