Court File and Parties

Derkach v. Soldatova, CITATION: 2020 ONSC 3438

Court File No.: F140/20 Date: 2020-06-02

Superior Court of Justice – Ontario

Re: Evgeny Derkach, Applicant And: Evgenia Soldatova, Respondent

Before: Mr Justice Ramsay

Counsel: Alexandra Cohan for the Applicant

Heard: in writing

Endorsement

[1] The parties separated in 2018, having produced two children, a daughter age 12 and a son age 6. After some time, the Applicant exercised weekly unsupervised access for about a year and a half and took the children to Florida for a week. In the autumn of 2019, the Applicant got a new girlfriend and the daughter began attending visits less frequently. On January 4, 2020 the daughter packed up all her belongings at the Applicant’s house and took them home to the Respondent’s. The Respondent has not allowed access visits since.

[2] The Applicant seeks restoration of access, an order for an assessment under s.30 of the Children’s Law Reform Act and other relief. On March 30, 2020 Maddalena J. found that the matter was not urgent and recommended to the parties that they sort out their differences. Nothing having changed by May 29, 2020, Maddalena J. reconsidered the matter and referred the matter to a judge for hearing. The notice of motion for reconsideration was served on the Respondent on May 26. Maddalena J. ordered the Respondent to file her responding materials by June 1, 2020. The Respondent has not filed any materials. She asked the trial coordinator for more time to hire a lawyer and respond. I declined to give her more time. She has already withheld the children for a significant time without putting forward any compelling reason. On the evidence before me, she has mentioned the pandemic and also said that the daughter does not want to visit, and that the son does not want to visit without the daughter. The reason for the daughter’s change of heart may be due to the mother’s attitude. It may have something to do with the father’s new girlfriend and her two children. It may be something else. The child’s wishes have to be considered given her age, but it is too soon to write off the father/daughter relationship.

[3] Some effort should be made at reconciliation in the short term. It is not good for the children to be without a father when the father is willing and able to play his part in their lives.

[4] I order as follows:

a. The Applicant is given leave to bring the motion before the case conference.

b. The Applicant shall have access to Valeria Derkach, born September 27, 2007 every other Sunday from 2 pm to 6 pm commencing July 7, 2020 and to Valentin Derkach, born March 6, 2014 every Sunday from 2 pm to 6 pm commencing July 7, 2020.

c. The remainder of the relief sought is adjourned to a date to be fixed after the case conference.

d. The case is adjourned under the Chief Justice’s emergency order to July 14, 2020 to be spoken to.

e. This order’s provisions for access may be reviewed on motion after the case conference.

f. The Respondent is ordered to pay $500 costs forthwith.

J.A. Ramsay J.

Date: 2020-06-02