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1. I am the Applicant in this matter and make this affidavit in support of my motion.
BACKGROUND
2. The Respondent and I began residing together in 2011 and separated in 2013. There is one child of the relationship, NAME DATE OF BIRTH.
3. Since the separation I have moved to LOCATION while the Respondent remained in [location].
In 2014, the Respondent and I agreed to parenting-time via supervised visits INSERT HOW THAT OCCURED.
6. Since DATE, the Respondent’s parenting time has been sporadic.
7. In 2016, I filed an application with the court to set parenting time and child support. The Respondent agreed to full custody and sole decision making to me with set parenting time for him outlined. ATTACH AGREEMENT
8. In April 2019, the Respondent filed a Motion to Change to decrease child support. We agreed on consent that I would have “sole custody” for a $1000.00 reduction in arrears.
9. On November 11th, 2019, the Respondent informed me he was voluntarily quitting his job within the [job] and was moving in with his mother in [location]. As a result, the Respondent stated he was going to be seeking to have 50/50 decision-making responsibility and parenting-time with [the child]. ATTACH CORRESPONDENCE OR TAKE OUT
2021 MOTION TO CHANGE
10. On May 4th, 2021, after failing to reach an agreement on child support and parenting time, I filed a motion to Change seeking to increase support and the distance I could live in Ontario.
11. The Respondent and I negotiated a Consent Motion to Change on July 16th, 2021. Among other remedies, the Respondent received an additional week of parenting time and access to the child via cell phone.
13. On August 10th, 2021, an endorsement from [the Justice] stating “The Motion to Change and Consent Motion to Change do not match on the issue of child support arrears, parties are to clarify. Both parties should file a 14A Affidavit to confirm the amount of arrears.” (Refer to Exhibit “A”)
14. I submitted my Affidavit on DATE.
15. On November 26th, 2021, the Respondent initiated Court proceedings via a Response Motion to Change seeking to have split decision-making responsibility, majority parenting-time, and having [the child] reside at his residence.
20. IN DATE following concerns raised by OUR SON, I sought counselling for [the child] from the [Interval House] to which [the child] has been participating with since then through his counselor [counsellor name].
23. In January 2022, I was contacted by [social worker] of FACS with concerns due to a third party complaint in which [the child] had been informing individuals that he was being emotionally abused by the Respondent. DETAILS ARE ATTACHED AT EXHIBIT XXX
26. I provided [CAS social worker] with various pieces of documentation detailing injuries [the child] has sustained while with the Respondent (Refer to Exhibit “D”) in addition to various videos in which the Respondent is calling [the child] derogatory terms, and a letter that the prior social worker from FACS suggested [the child] write to the Respondent detailing the deterioration of his mental state. (Refer to Exhibit “E”).
29. On DATE [the social worker] initiated a Child Protection investigation into the Respondent.
30. Between January and March 2022, the Respondent had become increasingly more hostile toward [the child] which prompted various instances in which [the child] refused to leave his residence in [location]. (DO YOU HAVE PROOF? IF NOT TAKE IT OUT)
32. I obtained disclosure from FACS and was provided their Child Protection report. This report identified [the child] making various claims such as his fears for his safety when with the Respondent. THIS REPORT IS ATTACHED AS EXHIBIT XXXX
34. In March 2022, [the child] informed me that he was going to resort to self-harm if he was forced to resume any further visits with the Respondent. I IMMEDIATELY SOUGHT SUPPORT FROM MEDICAL PROFESSIONALS (Refer to Exhibit “G”).
37. ON DATE [the child's] family doctor, submitted a referral to a child psychiatrist (Refer to Exhibit “I”)
38. FACS suggested I seek assistance from the Maltby Centre in which I sought resulting in a referral for a child therapist. It should be noted that during the intake, it was determined that there was a risk of self-harm if [the child] were to attend visits with the Respondent. Further, it was stated that there was a possibility of [the child] harming the Respondent prior to harming himself.
40. The Respondent and I attended a Case Conference on March 25th, 2022. At that session, [the Justice] prioritized the discussion around the child’s mental health concerns and ordered OCL involvement.
OCL DECLINED THE CASE....
41. On April 6th, 2022, as a result of the Respondent missing various parenting-times with [the child], I contacted [CAS social worker] to contact the Respondent to obtain some confirmation on what was occurring.
42. [CAS social worker] informed me that the Respondent was not going to contact [the child] nor exercising any parenting-time with [the child] until [the child] is wanting to resume. (See Exhibit “J”)
43. At 7:42 pm, on April 6th, 2022, the Respondent responded to a text message stating he is hoping that once [the child] receives mental health assistance that he will want to resume visits with the Respondent. (See Exhibit “K”)
45. On April 8th, 2022, the Respondent contacted [the child] via text message expressing his desire to return to the court ordered parenting-timePLEASE SEE CORRESPONDENCE AT EXHIBIT XXX
49. Between April 8th and April 13th, I had attempted to communicate with the Respondent about his PARENTING TIME on Wednesday, April 13. PLEASE SEE CORRESPONDENCE AT EXHIBIT XXXX
53. At 3:45 pm, April 13th, 2022, the Respondent and his mother parked outside of my parent’s residence. [the child] exited the school and walked right past the Respondent without acknowledging him. I had asked [the child] if he was going with the Respondent at which time [the child] said “No.” IF YOU DON’T HAVE PROOF OF THIS CONVERSATION, DON’T INCLUDE IT, IT’S HEARSAY
54. On April 16th, I contacted the Respondent in an attempt to once again formulate a plan of action to resolve this matter. The Respondent stated to me “[the child] is looking for attention and everyone is giving it to him but me. That’s y he doesn’t want to come here.”
CONCLUSION
55. There ARE documented child protection concerns RELATED TO EMOTIONAL ABUSE.
56. [the child] has stated to third party mental health professionals, school board professionals (teachers and principal), and to both parties that he will resort to suicide if force to attend any time with the Respondent.
I HAVE REQUESTED OF THE RESPONDENT AND HIS COUNSEL THAT THE RESPONDENT PARTICIPATE IN JOINT PARENT CHILD THERAPY AND PARENTING COURSES TO HELP REPAIR THE RELATIONSHIP BETWEEN THE RESPONDENT AND OUR CHILD AND ALL REQUESTS HAVE BEEN DENIED SEE EXHIBITS...
1. I am the Applicant in this matter and make this affidavit in support of my motion.
BACKGROUND
2. The Respondent and I began residing together in 2011 and separated in 2013. There is one child of the relationship, NAME DATE OF BIRTH.
3. Since the separation I have moved to LOCATION while the Respondent remained in [location].
In 2014, the Respondent and I agreed to parenting-time via supervised visits INSERT HOW THAT OCCURED.
6. Since DATE, the Respondent’s parenting time has been sporadic.
7. In 2016, I filed an application with the court to set parenting time and child support. The Respondent agreed to full custody and sole decision making to me with set parenting time for him outlined. ATTACH AGREEMENT
8. In April 2019, the Respondent filed a Motion to Change to decrease child support. We agreed on consent that I would have “sole custody” for a $1000.00 reduction in arrears.
9. On November 11th, 2019, the Respondent informed me he was voluntarily quitting his job within the [job] and was moving in with his mother in [location]. As a result, the Respondent stated he was going to be seeking to have 50/50 decision-making responsibility and parenting-time with [the child]. ATTACH CORRESPONDENCE OR TAKE OUT
2021 MOTION TO CHANGE
10. On May 4th, 2021, after failing to reach an agreement on child support and parenting time, I filed a motion to Change seeking to increase support and the distance I could live in Ontario.
11. The Respondent and I negotiated a Consent Motion to Change on July 16th, 2021. Among other remedies, the Respondent received an additional week of parenting time and access to the child via cell phone.
13. On August 10th, 2021, an endorsement from [the Justice] stating “The Motion to Change and Consent Motion to Change do not match on the issue of child support arrears, parties are to clarify. Both parties should file a 14A Affidavit to confirm the amount of arrears.” (Refer to Exhibit “A”)
14. I submitted my Affidavit on DATE.
15. On November 26th, 2021, the Respondent initiated Court proceedings via a Response Motion to Change seeking to have split decision-making responsibility, majority parenting-time, and having [the child] reside at his residence.
20. IN DATE following concerns raised by OUR SON, I sought counselling for [the child] from the [Interval House] to which [the child] has been participating with since then through his counselor [counsellor name].
23. In January 2022, I was contacted by [social worker] of FACS with concerns due to a third party complaint in which [the child] had been informing individuals that he was being emotionally abused by the Respondent. DETAILS ARE ATTACHED AT EXHIBIT XXX
26. I provided [CAS social worker] with various pieces of documentation detailing injuries [the child] has sustained while with the Respondent (Refer to Exhibit “D”) in addition to various videos in which the Respondent is calling [the child] derogatory terms, and a letter that the prior social worker from FACS suggested [the child] write to the Respondent detailing the deterioration of his mental state. (Refer to Exhibit “E”).
29. On DATE [the social worker] initiated a Child Protection investigation into the Respondent.
30. Between January and March 2022, the Respondent had become increasingly more hostile toward [the child] which prompted various instances in which [the child] refused to leave his residence in [location]. (DO YOU HAVE PROOF? IF NOT TAKE IT OUT)
32. I obtained disclosure from FACS and was provided their Child Protection report. This report identified [the child] making various claims such as his fears for his safety when with the Respondent. THIS REPORT IS ATTACHED AS EXHIBIT XXXX
34. In March 2022, [the child] informed me that he was going to resort to self-harm if he was forced to resume any further visits with the Respondent. I IMMEDIATELY SOUGHT SUPPORT FROM MEDICAL PROFESSIONALS (Refer to Exhibit “G”).
37. ON DATE [the child's] family doctor, submitted a referral to a child psychiatrist (Refer to Exhibit “I”)
38. FACS suggested I seek assistance from the Maltby Centre in which I sought resulting in a referral for a child therapist. It should be noted that during the intake, it was determined that there was a risk of self-harm if [the child] were to attend visits with the Respondent. Further, it was stated that there was a possibility of [the child] harming the Respondent prior to harming himself.
40. The Respondent and I attended a Case Conference on March 25th, 2022. At that session, [the Justice] prioritized the discussion around the child’s mental health concerns and ordered OCL involvement.
OCL DECLINED THE CASE....
41. On April 6th, 2022, as a result of the Respondent missing various parenting-times with [the child], I contacted [CAS social worker] to contact the Respondent to obtain some confirmation on what was occurring.
42. [CAS social worker] informed me that the Respondent was not going to contact [the child] nor exercising any parenting-time with [the child] until [the child] is wanting to resume. (See Exhibit “J”)
43. At 7:42 pm, on April 6th, 2022, the Respondent responded to a text message stating he is hoping that once [the child] receives mental health assistance that he will want to resume visits with the Respondent. (See Exhibit “K”)
45. On April 8th, 2022, the Respondent contacted [the child] via text message expressing his desire to return to the court ordered parenting-timePLEASE SEE CORRESPONDENCE AT EXHIBIT XXX
49. Between April 8th and April 13th, I had attempted to communicate with the Respondent about his PARENTING TIME on Wednesday, April 13. PLEASE SEE CORRESPONDENCE AT EXHIBIT XXXX
53. At 3:45 pm, April 13th, 2022, the Respondent and his mother parked outside of my parent’s residence. [the child] exited the school and walked right past the Respondent without acknowledging him. I had asked [the child] if he was going with the Respondent at which time [the child] said “No.” IF YOU DON’T HAVE PROOF OF THIS CONVERSATION, DON’T INCLUDE IT, IT’S HEARSAY
54. On April 16th, I contacted the Respondent in an attempt to once again formulate a plan of action to resolve this matter. The Respondent stated to me “[the child] is looking for attention and everyone is giving it to him but me. That’s y he doesn’t want to come here.”
CONCLUSION
55. There ARE documented child protection concerns RELATED TO EMOTIONAL ABUSE.
56. [the child] has stated to third party mental health professionals, school board professionals (teachers and principal), and to both parties that he will resort to suicide if force to attend any time with the Respondent.
I HAVE REQUESTED OF THE RESPONDENT AND HIS COUNSEL THAT THE RESPONDENT PARTICIPATE IN JOINT PARENT CHILD THERAPY AND PARENTING COURSES TO HELP REPAIR THE RELATIONSHIP BETWEEN THE RESPONDENT AND OUR CHILD AND ALL REQUESTS HAVE BEEN DENIED SEE EXHIBITS...
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