Court File and Parties
Newmarket Court File No.: FC-19-59423-00 Date: 2020-08-12 Superior Court of Justice - Ontario
Re: Shahrzad Rezvan, Applicant And: Hossien Hossieny, Respondent
Before: The Honourable Madam Justice A. Himel
Counsel: Applicant – Self-represented Respondent – Self-represented
Heard: August 12, 2020, in writing
Endorsement
Relief Sought
[1] The Applicant (the “Mother”) brings a 14B motion, without notice seeking an Order that she may travel with the children, Niki Hossieny (born February 13, 2003 – age 17), Nina Hossieny (born July 23, 2007 – age 13), and Ariana Hossieny (born July 2, 2015 – age 5) to Jamaica from August 16 to 23, 2020.
[2] On August 5, 2020, I ordered that the Respondent (the “Father”) be served with the motion and affidavit. The Mother served these materials as well as a third copy of the travel consent and a letter from York Region Children’s Aid Society (the “Society”). The Father failed to respond to the motion.
[3] For the reasons that follow, the Mother may travel to Jamaica with the children, contingent on her ability to obtain travel health/medical insurance for the children. The Mother and children must comply with Canada’s quarantine requirements upon their return.
Background
[4] The parties married on December 26, 1996 and separated on March 21, 2018. In addition to the three minor children of the marriage, the parties have an adult child, Kamyar Hossieny, age 22.
[5] The Mother commenced an Application on September 10, 2019, and the requested relief includes an Order for child and spousal support, custody, a Restraining Order and Orders respecting property.
[6] Following a case conference that was held on January 17, 2020, the parties consented to a temporary without prejudice Order that provides the Father with access every Wednesday evening and alternate weekends from Friday at 4:00 p.m. to Sunday at 6:00 p.m.
[7] It is unclear from the Continuing Record whether the Father has been exercising access.
[8] The Father is a taxi driver, however, as there is no Order for support in the Continuing Record it is unclear whether he pays support.
[9] The matter was adjourned to a settlement conference on July 14, 2020, which did not proceed.
[10] Prior to bringing the motion, the Mother provided the Father with a travel consent as well as details of the trip, resort location and address. The Father destroyed the first copy of the travel consent.
Analysis
[11] The Mother requests permission to travel to a resort situated in Montego Bay, Jamaica from August 16 to 23, 2020 for the following reasons:
(a) this a re-booked vacation that was scheduled to take place over March Break 2020 and which she cancelled due to the Covid-19 pandemic (“Covid”);
(b) she has moved the vacation from Mexico to Jamaica because there are fewer cases of Covid in Jamaica and there are health screening procedures in place for tourists;
(c) Air Canada Vacations rules restrict the re-booking of vacations past 2020;
(d) a two week quarantine will be required when she returns to Canada, and school will commence shortly;
(e) the children will communicate with the Father during the vacation; and
(f) the Society’s letter dated August 5, 2020 supports the Mother’s request to vacation with the children in Jamaica. The Society has been working voluntarily with the family due to the Father’s mental health and the children’s exposure to domestic violence. The Family Services Worker states that the children’s primary residence is with the Mother and that she is hopeful that the Mother will be permitted to take a much-needed vacation.
[12] A google search reveals that since the onset of Covid there have been 1,023 confirmed cases in Jamaica, 745 patients have recovered and there have been 14 deaths. Jamaica reopened its borders to international travellers on June 15, 2020.
[13] There were 33 new cases reported in Ontario on August 11, 2020.
[14] The travel advisory issued by the Government of Canada, being that residents should avoid non-essential travel outside of Canada, continues.
[15] While I have my own reservations about international travel at this time, I am disinclined to interfere with the Mother’s parenting authority. The Father opted not to respond to the motion notwithstanding my invitation to file a response by August 7, 2020. The Mother is presumed to be making the decision to travel in accordance with the children’s best interests.
[16] It is unclear whether the Mother has travel medical/health insurance for the children which is critical during the pandemic.
Order to Go as Follows:
If the Mother wishes to travel with the children to Jamaica, she shall obtain travel medical/health insurance for the children at least 24 hours in advance of the departure. The Mother shall ensure that the travel health insurance policy accompanies her to Jamaica.
Contingent upon obtaining travel medical/health insurance, the Mother may travel with the children, Niki Hossieny (born February 13, 2003 – age 17), Nina Hossieny (born July 23, 2007 – age 13), and Ariana Hossieny (born July 2, 2015 – age 5) to Jamaica from August 16 to 23, 2020.
The Father’s consent to the children travelling to Jamaica is hereby dispensed with.
The Mother and children shall quarantine for 14 days upon their return to Ontario. They may have no in-person contact with anyone throughout the quarantine.
During the vacation and quarantine period, the Mother or Niki shall facilitate telephone or virtual (Zoom, Facetime, Skype) access with the Father at least twice per week.
In the circumstances of the Covid-19 emergency, this Endorsement is deemed to be an Order of the Court that is operative and enforceable without any need for a signed or entered, formal, typed Order. Approval of this Order is dispensed with: either party may submit a formal Order for signing and entry once the court re-opens.