Court File and Parties
Superior Court of Justice - Ontario
Re: Patrick Whitehurst, Applicant
And: Rayleen Amanda Hudswell, Respondent
Before: Justice J.R. Sproat
Counsel: M. Greig, for the Applicant – Moving Party B. Grewal, for the Respondent – Responding Party
Heard: December 1, 2021
Endorsement
Background
1This motion was brought by Mr. Whitehurst, on an urgent basis, prior to case conference.
2The parties had a week about parenting schedule for Brooklyn age 7, and Joey age 5, from September 2020 until November 5, 2021.
3Ms. Hudswell’s affidavit states that on October 29, 2021 the children reported that Mr. Whitehurst had hit them and that he was “drinking 2 gallons of liquor every week”. She then refused to return the children to Mr. Whitehurst, and he has not seen them since.
4Ms. Hudswell reported her concerns to the police on November 3, 2021. She indicates an officer advised her to seek legal counsel and contact child and family services and the children’s school.
5Ms. Hudswell called Bruce Grey Child and Family Services (“BGCFS”) on November 4, 2021 to report the alleged abuse. As of November 30, 2021, the assigned worker advised that the investigation was ongoing, but no restrictions had been placed on Mr. Whitehurst’s parenting time.
Case Conference
6Upon reviewing the materials, it was evident that input from the BGCFS, and an early case conference, would be helpful. The Trial Coordinator was able to offer December 9, 2021 at 11:30 a.m. for an early case conference by Zoom. Ms. Grieg will file a case conference brief by noon on December 6, 2021 and Ms. Grewal will file a case conference brief by December 7, 2021 at 4:00 p.m.
Interim Parenting Time
7At my request, the parties had some discussion respecting parenting time pending the case conference, but could not reach an agreement. Ms. Greig suggested resuming the week-about schedule. Ms. Grewal suggested Friday after school until Sunday evening, next Wednesday after school and video calls Tuesday and Thursday.
8If it were not for the fact the children have not seen Mr. Whitehurst for over three weeks, so that a complete reversion to week about might be stressful for them, I would have simply ordered that week-about parenting time resume. Instead, I will simply order that Mr. Whitehurst have parenting time for five days starting December 2, 2021 after school. Ms. Hudswell shall then have parenting time for 5 days commencing December 7, 2021 after school. That 5 day alternating schedule shall continue pending further court order. The party not with the children shall arrange a video visit with the other party for 30 minutes on day 3 of 5.
9My order does not preclude BGCFS from making any order it deems appropriate based upon its investigation.
10While I am not making an order, it would be extremely helpful if BGCFS could provide the parties with the result of, or a status report on, their investigation by December 7, 2021 at 5:00 p.m. with a copy emailed to SCJGreyBruce@ontario.ca. It would also be helpful if the author of the report could join the Zoom call December 9, 2021 at 11:30 a.m. in case the judge has any questions. The Trial Coordinator will send the Zoom information to the author of the report, assuming a report is forthcoming.
11I have asked Ms. Greig to send my endorsement to the attention of the person at BGCFS who is handling this investigation and to keep Ms. Grewal and the court advised of any response received.
Costs
12Costs of today reserved. I will remain seized to deal with the motion if it cannot be settled at the case conference.
SPROAT J.
Date: December 1, 2021