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This case has started me thinking .
Schikolenko v McLellan, 2017 ONSC 111 (CanLII)
Date: 2017-01-05
Docket: FS-16-201-00
Citation: Schikolenko v McLellan, 2017 ONSC 111 (CanLII), http://canlii.ca/t/gwzb5
Brief history , 50 - 50 shared and joint custody of children . Week on - week off arrangement since day 1. Both children go to school, doctor , dentist and organized sports within walking distance of fathers house .
Mother used to live a few blocks away from fathers residence. Kids used to bike back and forth between houses to visit, play with neighborhood friends etc.
Mother and father both signed a legal written separation agreement stating that " the parties will live near each other so that the children will have frequent contact with both parents. Neither party will move the children's residence from suburb X without first providing 90 days written notice to the other party and obtaining their written consent or a court order "
Mother decides to move in with boyfriend who lives 30 KM away in a town outside the city .
No notice is given to father, obviously no written consent from father to mother and no court order either .
Now father no longer can see kids during the 7 day gap, kids don't see their friends after school for 7 days and if they forget something at mothers place , it is either a 30 minute drive each way for the father or they go without .
Mother recently announces that older child ( 14 years of age ) might get a part time minimum wage job in their town for the summer and father will have to drive back and forth each day to bring him and pick him up .
Father believes travel time and gas money spent pretty much cancels out the PT income for the young man . Might as well have him do chores around the house for the same amount of money .
Can father ask courts to step in with regards to this breach of their legal separation agreement with regards to residences ?
Has anyone dealt with this type of scenario before and what is the anticipated outcome ?
My gut feeling is that unless the kids are in physical danger the courts won't likely do anything .
Thoughts ?
Schikolenko v McLellan, 2017 ONSC 111 (CanLII)
Date: 2017-01-05
Docket: FS-16-201-00
Citation: Schikolenko v McLellan, 2017 ONSC 111 (CanLII), http://canlii.ca/t/gwzb5
Brief history , 50 - 50 shared and joint custody of children . Week on - week off arrangement since day 1. Both children go to school, doctor , dentist and organized sports within walking distance of fathers house .
Mother used to live a few blocks away from fathers residence. Kids used to bike back and forth between houses to visit, play with neighborhood friends etc.
Mother and father both signed a legal written separation agreement stating that " the parties will live near each other so that the children will have frequent contact with both parents. Neither party will move the children's residence from suburb X without first providing 90 days written notice to the other party and obtaining their written consent or a court order "
Mother decides to move in with boyfriend who lives 30 KM away in a town outside the city .
No notice is given to father, obviously no written consent from father to mother and no court order either .
Now father no longer can see kids during the 7 day gap, kids don't see their friends after school for 7 days and if they forget something at mothers place , it is either a 30 minute drive each way for the father or they go without .
Mother recently announces that older child ( 14 years of age ) might get a part time minimum wage job in their town for the summer and father will have to drive back and forth each day to bring him and pick him up .
Father believes travel time and gas money spent pretty much cancels out the PT income for the young man . Might as well have him do chores around the house for the same amount of money .
Can father ask courts to step in with regards to this breach of their legal separation agreement with regards to residences ?
Has anyone dealt with this type of scenario before and what is the anticipated outcome ?
My gut feeling is that unless the kids are in physical danger the courts won't likely do anything .
Thoughts ?
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