COURT FILE NO.: FS-21-105-00
DATE: 2022 12 13
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Constantine Christopoulos, Applicant
AND:
Nelly Nanan, Respondent
BEFORE: André J.
COUNSEL: M. Tweyman, for the Applicant
E. Clemence, for the Respondent
HEARD: November 21, 2022
ENDORSEMENT
ANDRé J.
[1] The Applicant, Constantine Christopoulos, brings an application for an order granting him increased parenting time with S.C., the 14-month child of the marriage. The Respondent, Nelly Nanan, opposes the motion on the ground that, given the toxic relationship between the parties, parenting time ought to be increased more gradually than what Mr. Christopoulos proposed.
BACKGROUND FACTS
[2] The parties started living together sometime in 2021 and separated on November 5, 2021.
[3] They have one child, S.C., who was born on September 14, 2021.
[4] The parties’ relationship deteriorated following their separation. Ms. Nanan made several allegations against Mr. Christopoulos which were not substantiated, and these allegations led to a decrease in Mr. Christopoulos’ parenting time with S.C.
[5] Mr. Christopoulos brought an urgent motion for increased parenting time which was heard by Justice Mandhane on December 16, 2021.
[6] Justice Mandhane indicated in her endorsement that Ms. Nanan had made four direct allegations of inappropriate touching by the Applicant father but noted that the allegations were only made after Mr. Christopoulos had sought to block Ms. Nanan from removing the child from the home. She also concluded that the police had not laid any charges, that the Children’s Aid Society had closed its file following an investigation and had not verified any risks to S.C. if she were to have unsupervised parenting time with Mr. Christopoulos. As a result, Justice Mandhane granted increased parenting time to Mr. Christopoulos on a temporary, unsupervised, without prejudice basis, following the schedule below:
a) Monday, Tuesday, Wednesday, and Thursday 5:00 p.m. – 7:00 p.m.;
b) Saturday 3:00 p.m. – 7:00 p.m.
POSITION OF THE PARTIES
Mr. Christopoulos’ Position
[7] Mr. Christopoulos seeks increased parenting time based on the following schedule:
Phase 1 – Commencing November 28, 2022 (for a period of 6 weeks) (2 overnights every 14 days)
a. Monday, Tuesday, Wednesday, and Thursday, from 3:00 p.m. to 7:00 p.m. (current order is Monday, Tuesday, Wednesday, Thursday 5:00 p.m. to 7:00 p.m.);
b. Every Saturday at 3:00 p.m. to Sunday at 3:00 p.m. (current order is every Saturday 3:00 p.m. to 7:00 p.m.)
Phase 2 (for a period of 12 weeks) (5 overnights every 14 days)
a. Monday nights, from 5:00 p.m. to Tuesday morning at 10:00 a.m.;
b. Wednesday nights, from 5:00 p.m. to Thursday morning at 10:00 a.m.; and
c. Alternate weeks, on the week when there is no weekend visit prior to the Monday, Fridays 12:00 p.m. – 7:00 p.m.;
d. Alternate weekends, from Saturday at 10:00 a.m. to Sunday at 5:00 p.m.
Phase 3 (7 overnights every 14 days)
a. The parties shall have a 2-2-3 rotating schedule.
2.
a. Commencing in Phase 2, exchanges shall take place as follows: Mr. Christopoulos shall pick up S.C. at the start of the visit and Ms. Nanan shall be responsible for transportation at the end of the visit.
b. An Order that the parties shall share Christmas as follows:
a) The parties shall, irrespective of the regular schedule, exchange S.C. on December 25th, at 2:00 p.m., and Mr. Christopoulos shall return her to Ms. Nanan on December 26th at 2:00 p.m.
c. An Order that, in the event Mr. Christopoulos does not otherwise have S.C., he shall have Father’s Day with S.C. from 9:00 a.m. to 5:00 p.m.
d. An Order that, in the event Mr. Christopoulos does not otherwise have S.C., he shall have Orthodox Easter Sunday, April 16th with S.C. from 9:00 a.m. to 5:00 p.m.
e. An Order that S.C. be permitted to be baptized in the Greek Orthodox faith.
Ms. Nanan’s Position
[8] Ms. Nanan’s counsel submits that increased parenting time with S.C. should be “phased in” rather than significantly increased immediately. She proposes, in her affidavit dated November 18, 2022, that any increase in Mr. Christopoulos’ parenting time should be based on the following schedule:
a) From the present until March 25, 2023, parenting time should be increased from four hours (i.e., 3:00 p.m. to 7:00 p.m.) to six hours (from 8:00 a.m. to 2:00 p.m.)
i) The four mid-week visits will be changed to three mid-week visits, with an increase in time from 5:00 p.m. to 8:00 p.m.
b) Commencing March 29, 2023
i) One overnight semi-monthly;
ii) Saturday from 11:00 a.m. to Sunday at 6:00 p.m.; and
iii) Three mid-week visits from 5:00 p.m. to 8:00 p.m.
ANALYSIS
[9] S.C.’s best interest is the overarching consideration in deciding whether to increase Mr. Christopoulos’ parenting time with S.C. Increased parenting time is not a gift or right of Mr. Christopoulos, nor is it an act of charity or generosity of Ms. Nanan. It is S.C.’s right to have, when possible, maximum contact with both parents.
[10] In her affidavit, Ms. Nanan makes several allegations against Mr. Christopoulos to justify her position that there should be a gradual, rather than accelerated, increase in the Applicant’s parenting time. These include:
a) Mr. Christopoulos video-recorded Ms. Nanan during their meetings;
b) During 46 of the 236 visits, S.C. witnessed him verbally abusing her;
c) Mr. Christopoulos, on one occasion, touched S.C.’s breast;
d) Mr. Christopoulos has missed five scheduled parenting time visits with S.C. between October and December 2021;
e) Mr. Christopoulos advised S.C.’s doctor that she often cries hysterically while in his company;
f) S.C. breastfeeds exclusively before bed and throughout the night;
g) Mr. Christopoulos talks about masturbating at work;
h) Mr. Christopoulos harassed Ms. Nanan’s family while they were at work.
[11] Given the unsubstantiated allegations made by Ms. Nanan in the past, I am not prepared to deny Mr. Christopoulos overnight parenting time with S.C. I simply do not believe Ms. Nanan’s assertions that S.C. breastfeeds exclusively before bed and overnight as she pleases, given that Ms.Nanan is prepared to support overnight parenting time within three months.
[12] Furthermore, Mr. Christopoulos has adhered to the parenting time schedule established by Justice Mandhane for almost one year. It is, therefore, appropriate to order overnight parenting time at this point. Given the allegations Ms. Nanan made against Mr. Christopoulos in the past, it is unsurprising that Mr. Christopoulos video-records his interactions with Ms. Nanan.
[13] In my view, expanding the parenting time schedule established by Justice Mandhane is in S.C.’s best interests. Such an expansion would enable her to build a healthy, stable relationship with her father.
[14] I therefore order that:
- Commencing December 12, 2022, Mr. Christopoulos shall have parenting time with S.C. (date of birth September 14, 2021), on Monday, Tuesday, Wednesday and Thursday from 4:00 p.m. to 7:00 p.m.
a. Every other Saturday from 3:00 p.m. to Sunday at 3:00 p.m.
b. Commencing April 10, 2023, Mr. Christopoulos shall have parenting time with S.C.
i. Monday nights from 5:00 p.m. to Tuesday morning at 10:00 a.m.;
ii. Wednesday nights from 5:00 p.m. to Thursday morning at 10:00 a.m.;
iii. Alternate weekends from Saturday at 10:00 p.m. to Sunday at 5:00 p.m.
Commencing December 12, 2022, Mr. Christopoulos shall pack up S.C. at the start of parenting time and Ms. Nanan shall be responsible for transporting S.C. to her home at the end of the parenting time period.
Mr. Christopoulos shall have parenting time with S.C. on December 25, 2022 and on every Christmas day thereafter from 3:00 p.m. to December 26, 2022, at 8:00 p.m.
Mr. Christopoulos shall have parenting time with S.C. on Father’s Day each year, from 10:00 p.m. to 5:00 p.m.
Mr. Christopoulos is granted leave to baptize S.C. in the Greek Orthodox faith;
Neither party shall make disparaging remarks about each other in S.C.’s presence.
COSTS
[15] Both parties seek costs in the amount of $2,500, on a partial indemnity basis. I rely on the following factors to determine the amount of costs that is fair and reasonable:
a) The Applicant was largely successful in his motion;
b) The issues were not complex;
c) The matter did not require a great deal of preparation or court time;
d) The Respondent acted unreasonably in opposing the Applicant’s motion for overnight access.
[16] Based on the above, I order that the Respondent, Nelly Nanan, shall pay the Applicant, Constantine Christopoulos, costs fixed in the amount of $2,000 inclusive within ninety (90) days of today’s date.
André J.
Date: December 13, 2022
COURT FILE NO.: FS-21-105-00
DATE: 2022 12 13
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Constantine Christopoulos
- and -
Nelly Nanan
ENDORSEMENT
André J.
Released: December 13, 2022