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Old 07-24-2017, 03:04 AM
WorkingDAD WorkingDAD is offline
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Hi Everyone

So we got our trial #3 decision. No surprises really if you ask me and can be summarized as follow
  1. Kid safe - supervised stay and reduced by 6 visits a year
  2. We can travel without begging mom for permission that she would never give.
  3. Mom ordered to pay CS and 9k before she can come back to court.

and here are main points of the order:

Final Order to Issue

The order of Justice Pazaratz dated November 9, 2011, and the final order of Justice Harper dated February 18, 2014, are varied as follows

1. The Respondent Father shall continue to have sole custody of the child of the parties namely, *** born ***

2. The ApplIcant Mother shall continue to have access to the above named child for 2 hours per week to be supervised at the SupervIsed Access Centre in Hamilton, Ontario. Unless the parties agree otherwise, these visits shall be on a Sunday. There shall be no makeup time for visits that are canceled by the Centre, or by the Respondent pursuant to paragraph 4 below.

3. The Respondent Father is entitled to apply for a passport for the said child without the consent of the Applicant Mother He is also entitled to travel outside of the country with the child without the consent of the Applicant Mother for a period of not greater than 3 weeks provided that he gives her 60 day's written notice of his intent to do so and particulars of the trip, such as destination, method of transportation, details of transportatIon (such as flight number, departure and return dates), and the address of the accommodations.

4. The Respondent Father is entitled to cancel the weekly visit for a total of 6 tunes per year in order to make his own plans with the child as long as he gives the Applicant Mother and the Supervised Access Centre 60 days' notice if he plans to be out of the country, or 30 days notice If he plans to be in Canada. Any desire to travel as set out in paragraph 3 above must be included in these 6 weeks or within any visits that are cancelled by the Supervised Access Centre.

5. The Respondent Father shall not make any restrictions on activities the child may engage in with the Applicant Mother during access such as watch television, movies, and videos, or playing video games.

6. If the Applicant Mother gives the child a gift during access, there shall be no requirement that he must bring It back to a future visit. However, the Applicant Mother may bring Items for activities for her and the child to engage m and take them back to her own residence.

10. The Applicant Mother shall pay support for the above named child in the amount of $157.00 per month based on a gross annual income of $19,729.00 commencing January 15t, 2016.

11. The ApplIcant Mother shall pay support for the above named child in the amount of $197.00 per month based on an estimated annual income of $24,600.00 commencing January 15t, 2017

12. Any arrears of child support owing as of August 31 st, 2017 shall be paid at the rate of $100.00 per month commencing September 1st, 2017.

13. The parties shall share extraordinary expenses for the above named child in proportion to their incomes commencing August 1 st, 2017

14. The Applicant Mother shall provide a copy of her complete income tax return, including any attachments, along with a copy of her NotIce of Assessment by June 30th every year commencIng June 30th, 2018. The same disclosure shall be provided by the Respondent, as long as he is making a claim for extraordinary expenses.

15. A Support Deduction Order shall issue.

16. The Applicant must pay the Respondent the sum of $9,000.00 towards any outstanding costs orders before she commences any new litigation to expand or change access. All outstanding orders for costs remain owing in full however.

17. If the parties are unable to agree on how to handle the Issue of costs, then written submissions of no more than 6 pages plus any attachments may be served and filed as follows
Respondent Father by August 11th, 201 7
Applicant Mother by August 28th, 2017
Reply from Respondent by September 11, 2017

so here you have it... Sad part is that it does not look like our last trial since mom already wrote to me that 9k is not going to stop her...

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