Court File and Parties
Court File No.: FS-20-43623 Date: 2021-08-10 Superior Court of Justice - Ontario
Re: R.L., Applicant And: M.F., Respondent
Before: Conlan J.
Counsel: Ms. J. Radbord and Mr. H. Niman, Counsel for the Applicant Ms. J. Nicoll, Counsel for the Respondent
Heard: August 10, 2021
Endorsement
1This morning, via Zoom, a continuing Case Conference was held in this matter. Both parties and their (new) counsel were present.
2This is a highly-spirited family law file, one that I have been involved in quite extensively to date, where, although everyone still lives under the same roof, for whatever reason(s), the current relationship between the father, R.L., and the two daughters (13 and 15 years old) is very strained.
Should This Court Make Any Substantive Order Today?
3The father wants this Court to order certain things today that are not merely procedural in nature and that are not on consent, specifically summer parenting time between him and the children.
4There is no question that the mother, M.F., and her counsel received sufficient notice, in writing, of the precise relief being sought by the father. There is equally no question that the mother and her counsel were able to, and did in fact, respond, both in writing and in oral submissions, to the father’s request. There is also no question that the father is not seeking any final order. Lastly, there is no question that today is the final opportunity for a judge to make an order regarding summer parenting time in advance of a long motion that is booked for September 23, 2021.
5As such, I am of the view that this is one of those limited and exceptional circumstances in which a case conference judge may make a substantive order that is not on consent, to borrow the language of Justice Czutrin at paragraph 131 of His Honour’s decision in A.B. v. N.L.A., 2013 ONSC 2990. Remember, as well, that Justice Czutrin was confronted with a situation, unlike ours, where the order in question was a final one.
What Order is in the Best Interests of These Children?
6Even if I accept the father’s submission that the report and recommendations of Dr. Radovanovic do not opine specifically in a way that is adverse to the relief that he is seeking, that is extended overnight contact with the two children at a resort in the Muskoka region between August 13 and August 27, 2021, I cannot accede to his primary request. The reason is that, according to Ms. Geraldo, whose August 6, 2021 report was filed by the father, the children do not presently regard their father as a safe or competent parent. Excellent counsel, as these lawyers are, can fairly debate why that is, but the consequence of that rather stark and depressing observation, in my view, is that extended community contact between the father and the girls must proceed in a more cautious manner. I say “cautious”, not stunted.
7The mother’s position, that is that the father have the children from 12:00 noon to 8:00 p.m. daily between August 23 and 27, 2021, is too conservative, in my opinion. It places R.L. more in the position of a babysitter than the children’s father. It is also not reflective of Dr. Radovanovic’s suggestion that five full days be the minimum, not the maximum.
8I would not want to see these children deprived of the meaningful opportunity to spend some quality time with their father at what must be a truly beautiful setting at the resort in Muskoka, already booked and paid for (non-refundable, I am told) by the father.
9Thus, this Court orders that R.L. shall have summer parenting time with the children from August 13 to August 27, 2021, inclusive, between 12:00 noon and 8:00 p.m. each day.
10I am of the view that the said order is in the best interests of the children in so far as it starts the process of repairing the relationship between the children and their father and does so in a way that is not inconsistent with the recommendations of Dr. Radovanovic and that is also not so ambitious as to include overnights, particularly in light of Ms. Geraldo’s recent report.
11As the father chose to book the resort, I am not prepared to order that M.F. drive the children to the resort each day, as requested by the father. I strongly encourage the mother, however, to do what she can to maximize the time that these girls can have in Muskoka. Perhaps she could offer to split the daily driving time with the father. Or rotate days of driving. Or something. Anything that is constructive.
12The order made herein will allow plenty of time, both before August 13th but mainly after August 27th, for the mother to have her own extended summer parenting time with the girls. I am not aware of school instruction starting in Halton Region before September 7th, at the earliest. It is, therefore, imperative that the father be accommodating and respectful of the mother’s time with the children outside of the period, August 13th-27th.
Other Issues to be Decided Today
13Ms. Nicoll has, responsibly, abandoned any attempt to have the September 23, 2021 long motion date adjourned. That date is hereby confirmed. And I approve of Ms. Nicoll’s suggested timeframe for the parties’ materials: September 2 for either side’s motion materials, and September 13 for the other side’s response thereto, and September 17 for reply, and September 20 for facta and casebooks. So ordered.
14On the final issue of family counselling, I agree with the mother that no order is necessary today except for the following: this Court orders that the parties and the children shall proceed, without delay, with counselling with Dr. Butkowsky as per the terms outlined in former counsel’s joint letter to Dr. Butkowsky dated July 21, 2021 and Dr. Butkowsky’s correspondence to current counsel dated August 4, 2021.
15This Court expects that both parties will fully respect the guidance of Dr. Butkowsky. He is the expert. The family counselling will not be effective unless the parties strictly adhere to and fully embrace the expectations and recommendations of Dr. Butkowsky.
16A Temporary Order shall issue in accordance with this Endorsement. I sincerely thank all counsel for their help today.
("Original signed by")
Conlan J.
Date: August 10, 2021