Court File and Parties
Court File No.: FS-14-81793 Date: 2020-08-05 Ontario Superior Court of Justice
Between: James Scot Thomson, Applicant And: Jill Fleming, Respondent
Counsel: Shawn Philbert, for the Applicant Faryal Rashid, for the Respondent
Heard: August 5, 2020 (by teleconference)
Return of Motion for Access (Third hearing) Before: Baltman J
Endorsement
[1] The parties are disputing the parenting of their 7-year-old daughter, Kaelin. In particular, the Father is seeking a resumption of access after an altercation during an access transition on June 24, 2019. After that event Kaelin – with the Mother’s support – refused to see the Father.
[2] This motion for access first came before me on April 2, 2020 [1], and then returned before me on May 28, 2020 [2]. This (third) hearing was originally scheduled for July 7, 2020 but at counsel’s request was adjourned to August 5, 2020 to permit input from Mr. Steven Cross, the parenting mediator who is working with the parties. As before, this hearing was conducted by teleconference due to COVID-19 restrictions.
[3] In my previous decisions I determined that a) the Mother had been wrongfully withholding access; and b) it was imperative for the parties to retain and cooperate with a mediator who would facilitate a resumption of access.
[4] After some delay, the parties retained Mr. Cross. He has been working with the family since early May. At my request, he has provided a progress report (dated August 2, 2020), which includes the following observations:
- The Mother’s anxiety about the Father had been transferred to Kaelin, and needs to be remedied before Kaelin can have a trusting relationship with the Father;
- Kaelin’s fears of her Father – which extend beyond the June incident - need to be addressed in order for her to be able to move forward;
- The Father needs to respond to Kaelin’s fears in an age appropriate way;
- Both parents deserve credit for promoting daily video calls between Kaelin and the Father, and for encouraging Kaelin’s engagement with her Father;
- Kaelin and her Father have had two successful face to face visits, at which both parents were present;
- Both parents have taken responsibility (and apologised to Kaelin) for the incident on June 24, 2019 that ruptured the Father’s access;
- Both parents have affirmed to Kaelin that they are both her parents and that she will soon be spending “one on one time” with the Father;
[5] During today’s teleconference, both counsel agreed that Mr. Cross’ involvement should continue over the next few months, and that it would be beneficial to have a further update from him in October, after more access visits have taken place. Counsel also agreed this motion should resume in October.
[6] In the interim, the parties shall address two concerns raised by the Mother. First, the Mother wishes to have the Father contribute toward Ms. Powley’s fees. The Father is to make inquiries at his employment regarding any coverage for Ms. Powley’s fees. If the parties cannot resolve this issue, I will address it in October.
[7] Second, there have been lapses in communication between the parents due to confusion over the Mother’s correct email address. Going forward, the Father shall use only the Mother’s yahoo.ca e-mail address.
[8] This motion shall resume before me by teleconference at 9:00 a.m. on Thursday, October 22, 2020. In advance, I require the following:
- A brief updated progress report from Mr. Cross by noon on October 9, 2020;
- Written submissions (3-5 pages, by e-mail) from the Mother by noon on October 15, 2020;
- Written submissions (3-5 pages, by e-mail) from the Father by noon on October 20, 2020.
[9] In the interim, it is vital that both parties continue to follow the direction and recommendations of Mr. Cross. Counsel shall provide a copy of these reasons to their clients and to Mr. Cross.
[10] There shall be no costs for today’s appearance.
Baltman J Released: August 5, 2020