Allman v. Allman, 2020 ONSC 2964

Court File and Parties

COURT FILE NO.: FS-16-171 DATE: 2020 05 11 SUPERIOR COURT OF JUSTICE – ONTARIO

RE: JENNIFER ALLMAN, Applicant – and – JUSTIN ALLMAN, Respondent

BEFORE: McSWEENEY J.

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

HEARD: By teleconference, May 6, 2020

Endorsement: COVID-19 Temporary Variation Order on Consent

McSweeney J.

1In my Endorsement of April 27, 2020, I found this matter to be urgent (see Allman v. Allman, 2020 ONSC 2634). On May 1, 2020 I commenced a case conference (see Allman v. Allman, 2020 ONSC 2779) at which I made an interim order on consent, which was applicable through May 6, 2020.

2To their credit, despite their ongoing differences, the parties agreed to the terms of a consent order to apply during COVID-19 restrictions, as set out further below.

3The parties each acknowledge their legal obligation to comply with the terms of the final order of Justice Bielby dated July 26, 2019 (issued December 6, 2019) – hereinafter referred to as “the Bielby J.” order.

4The parties’ further acknowledge that during the COVID-19 pandemic period, some adjustment of the terms of their final order is required in order for them to have equal parenting time as ordered by the court, and at the same time to take steps to reduce the risk of their daughters contracting or transmitting COVID-19 virus to either parent’s house.

5For the purpose of this temporary variation consent order, the term “the children” shall refer exclusively to two of the parties’ daughters, specifically Mackenzie Ilene Allman dob 18-12-15 and Rebekah May Allman dob 13-05-16.

6The parties acknowledged that they each have vulnerable members of their households: Applicant mother herself has health vulnerabilities, and Respondent father’s partner is post-partum and their second son is less then two months old.

7For COVID-19 related reasons, father’s residence has changed; the children’s school and daycare are closed; and the parents agree the children should not travel in taxi, Uber or other public vehicles.

8Accordingly, they agree to the following temporary variation of their final order:

THIS COURT HEREBY ORDERS AS FOLLOWS ON CONSENT OF THE PARTIES:

Transfer Protocol:

9Applicant mother will do all pickup and drop-off transfers of the children Mackenzie Ilene Allman dob 18-12-15 and Rebekah May Allman dob 13-05-16.

10All drop-offs and pickups will take place at 6 p.m. EST at the Respondent Father’s current residence at 22 Blackwater Trail, Brampton.

11Applicant Mother may arrive at Father’s address no more than 15 minutes early. If she does arrive early, she is to remain in her vehicle in front of Father’s address. Applicant may choose to send father a message via Our Family Wizard to let him know. Father may, if he chooses, then come to the door before 6 p.m. to pickup or return the children, but is not required to do so until 6 p.m.

12During transfers/exchanges, Applicant Mother will remain “curbside” in or next to her car (exiting only to assist the children). Respondent Father agrees to remain on the front step of his residence.

13The parties will speak only to the children, and not talk or otherwise communicate with each other, directly or indirectly, during transfers/exchanges.

14While the children are in their care, the party’s parents will administer all medication and supplements to the children, as prescribed by the children’s medical professionals.

Transfer Update:

15To assist with continuity of care between their households, and to prevent either party from relying on or questioning their young children to obtain such information, the parent who has just finished parenting time shall: no more than one (1) hour after transfer, send the receiving parent an informational “transfer update” via Our Family Wizard.

16This “transfer update” should include general information about the children’s sleep, diet and routine, any health symptoms, and confirmation of any and all medications and supplements administered. The update should provide more detailed information about the children’s rest, food and activities in the 24 hours prior to transfer, and make note of anything out of the ordinary.

17The “transfer update”, and any response to same from the other parent, shall be factual only. The parents shall not include any comments about the other parent or their parenting.

Daily Video Call by children:

18During this time that the children are not in school or daycare, the parent with care of the children will assist their daughters, each day, to initiate one (1) Video call each day to the other parent, using “Facetime”. No call is required on transfer days.

19Each party will make herself or himself available to receive their FaceTime video call from the children as follows:

a. When the children are with Applicant Mother, the Respondent Father will ensure he is available from 6pm to 6:30 pm to receive a call on his mobile 416-700-0005. Applicant Mother will assist the girls as needed to initiate the call during that time, but will not otherwise be involved in the call.

b. When the children are with the Respondent Father, the Applicant Mother will ensure she is available from 5-7 pm to receive a call and will ensure she can receive the Facetime call at jenniferallman@outlook.com. Father will assist the girls as needed to initiate the call during that time, but will not otherwise be involved in the call.

Communication:

20Parties will communicate solely through Our Family Wizard. All messages exchanged will focus exclusively on topics relating to the children and their schedules and well-being.

21Each party will log in to My Family Wizard at least once a day, and will respond to messages from the other parent within 24 hours from the time the message was sent. Both parties have assured this court and demonstrated that they are familiar with the Our Family Wizard program, including the mobile app. They are both able to send, receive, review and reply to messages from the other parent as required.

Safety Protocols:

22The parties agree to observe the safety protocols advised by public health authorities during the COVID-19 pandemic. They will both take steps to ensure that current protocols are followed by all members of their households, including the children while in their care. They agree to immediately inform the other parent of any exposure to COVID-19 in their household, or any other urgent health matter.

Parenting schedule:

23The parties agree that commencing May 6, 2020 they will share parenting time with the children on an alternating 4-day schedule – that is, four consecutive overnights with one party, followed by four consecutive overnights with the other, on an alternating basis.

24However, they agreed that the children’s first two periods with the Respondent Father shall be 5 days in length. This will allow the children to make up the two remaining overnights that they missed with the Respondent father during the recent overholding by Applicant referenced in my previous endorsements.

25Starting May 6, 2020, therefore, the overnight schedule will therefore start with 4 days’ mother; 5 days father; 4 days mother; 5 days father; 4 days mother; 4 days father; and 4 days each thereafter.

26An exception to the above schedule will occur during each parent’s two non-consecutive weeks with the children this summer. In 2020 only, Respondent shall have until May 10, 2020 (rather than April 30) to send the Applicant his first choice of two summer weeks. Applicant will send Respondent her choice of weeks by May 25, 2020.

Expiration of order:

27The terms of this temporary variation consent order shall expire at 12 p.m. noon on the first day the children resume attendance at their daycare.

28The parties are reminded that, other than as specifically set out in this endorsement, the order made by Bielby J following the trial of their family law case remains final and binding on both of them.

29On a temporary basis only, until the expiration of this consent order, the terms of the Bielby J order are varied only to the extent required to give effect to this order. In case of a conflict between this order and the Bielby J order, the terms of this order shall govern.

30To be clear: the Terms of the Temporary Variation of the order of Bielby J, made on Consent on May 6, 2020 are set out at paragraphs 9 through 30 of this endorsement, inclusive.

Other direction to the parties:

31Upon the courthouse reopening to the public, each party shall file with the SCJ Brampton Trial Office a copy of all the material he or she delivered electronically for this matter, with proof of service, and pay the appropriate fees.

32I have reviewed the materials filed by the parties and heard their submissions during the case conference. I am satisfied that with their consent to temporary variation of their final order, the parties have resolved the issues I found to be urgent.

33With the urgent issues resolved, leave is not granted to either party to bring motions.

34Once 60 days have elapsed from the date of this endorsement, and not before that date, should either party wish to request a further case conference to address any issues arising during that period, they may do so through the SCJ Brampton Trial office.

35Ms. Allman has been writing to my Judicial Assistant recently. Such communication is to cease.

36I am not seized.

37This endorsement is effective when made. The terms herein are enforceable in the same manner as an issued and entered order of the Court. No formal order is required.

McSweeney J.