Court File and Parties
Court File No.: FS-24-0177-00
Date: 2025-03-27
Court: Ontario Superior Court of Justice
Between:
Applicant: Daniel Adam Wojick
Applicant Counsel: Christopher M. Arnone
And:
Respondent: Lindsay Kristin Wojick
Respondent Counsel: Theodora Millward
Heard: at Motions Court on February 20, 2025, at Thunder Bay, Ontario
Judge: S.J. Wojciechowski
Addendum to Decision On Motion
[1] This motion was originally brought by the applicant, Daniel Adam Wojick, and sought an order for temporary child support and temporary parenting time with the children of the marriage, Olivia Grace Wojick (born August 6, 2016) and Jack William Wojick (born March 8, 2020) (“Jack”) (collectively “the Children”). I released my decision on the motion on March 25, 2025, in which I determined a schedule for temporary parenting time as well as temporary child support.
[2] Further to the release of my decision dated March 25, 2025, I was advised by counsel that a draft Order had been uploaded to Case Center which outlined the position of the respondent with respect to a transitional period applicable to the parenting schedule decision which was pending. This draft Order was not reviewed prior to the release of my decision.
[3] At the conclusion of the motion hearing, I suggested that if the parties had additional submissions which they wanted me to consider, they would have two weeks in order to do so because I would not start drafting my decision until then. The additional submissions requested were with respect to a transition schedule which would take the Children from their current status quo of living in the matrimonial home with both parents to a 50/50 equal parenting situation once the applicant moved to his own residence.
[4] In my reasons, I noted that I received submissions from the applicant, but not the respondent. However, it appears from the information provided after my decision was released, the respondent uploaded to Case Center a draft Order on March 13, 2025, three weeks following the motion hearing. After doing some digging, I was able to find the draft Order uploaded by the respondent, although it appears to only have been uploaded to Case Center and not filed with the Registrar from the information I was able to access.
[5] The position of the respondent with respect to an appropriate transition period is the following:
The children, Olivia Grace Wojick (born August 6, 2016) and Jack William Wojick (born March 8, 2020), follow a step-up transitional arrangement as follows.
Commencing immediately after the Applicant Father, Daniel Wojick, vacates the matrimonial home, the children shall be in the Applicant’s care as follows, until Jack completes Junior Kindergarten:
- Every second Friday morning from 8:00 a.m. to the following Monday morning at 8:00 a.m., and
- Every alternating Wednesday from 8:00 a.m. until 8:00 a.m. Friday morning; and
- Every alternating Tuesday from 4:00 p.m. until 8:00 p.m.
In the alternative to paragraph 2, commencing forthwith upon the Applicant’s relocation from the matrimonial home until the end of the school year (June 2025), the Children shall exercise parenting time with the Applicant, Daniel Adam Wojick, as follows:
- Week 1: Wednesday from 8:00 a.m. until 8:00 a.m. Friday morning
- Week 2: Monday from 4:30 p.m. until 7:30 p.m. and Friday morning from 8:00 a.m. to the following Monday morning at 8:00 a.m.
- The Respondent Mother shall have the children in her care during all other times.
Commencing the week of June 30, 2025, the Children shall exercise parenting time with the Applicant, Daniel Adam Wojick, as follows:
- Week 1: Wednesday morning from 8:00 a.m. until 8:00 a.m. Friday morning
- Week 2: Monday morning from 8:00 a.m. to Tuesday morning at 8:00 a.m. and Friday morning from 8:00 a.m. to the following Monday morning at 8:00 a.m.
- The Respondent Mother shall have the children in her care during all other times.
Commencing the week of Monday, September 1, 2025, the parties shall have care of the children on an equal basis, on a 2-2-3 schedule of care, as follows:
- One party shall have parenting time with the children for two overnights, commencing at 8:00 a.m. on Monday (Monday to Wednesday);
- The other party shall have parenting time with the children for two overnights, commencing at 8:00 a.m. on Wednesday (Wednesday to Friday); and
- The first party shall have parenting time with the children for three overnights commencing at 8:00 a.m. on Friday until 8:00 a.m. on Monday;
- The other party shall have parenting time with the children for two overnights, commencing at 8:00 a.m. on Monday (Monday to Wednesday);
- The first party shall have parenting time with the children for two overnights, commencing at 8:00 a.m. on Wednesday (Wednesday to Friday); and
- The other party shall have parenting time with the children for three overnights commencing at 8:00 a.m. on Friday until 8:00 a.m. on Monday.
- This rotation will continue on a two-week basis.
[6] My decision on this motion was to accept the 50/50 parenting time schedule proposed by the applicant, and the transition period which was set out in the respondent’s draft Order filed within two weeks following the argument of the matter.
[7] In reviewing the proposed transition period of the respondent, it contemplates the parenting time not becoming 50/50 until the Children commence school in the fall of 2025. I do not agree that waiting this long for the 50/50 parenting arrangement to take effect makes sense, especially in light of the two months of July and August during which the Children have no school and which would present the perfect opportunity for the Children—as well as the parties—to become accustomed to their new routine absent the pressures of a school schedule.
[8] My decision on parenting time and transition period as released on March 25, 2025, stands.
“Original signed by” ___
S.J. Wojciechowski
Released: March 27, 2025