A stark warning to all parents who wish to move with children when their agreement / order requires the consent of both parents!
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
Why do high conflict parents think they own children? Children are not the property. Just because you think you are the "primary parent" or have been identified as the "primary parent" doesn't give you the right to crap on the other parent and disregard court orders and agreements.
Often discussed is the aspect of "mobility". The mother in this matter simply and in contravention of a court order (at the level of contempt) moved children from the agreed upon habitual residential location and boasted to the father that he will never see the children again.
Word of warning to moving parents... The story does not go well for the moving mother in this matter... Not well at all...
This mother is a nightmare... As the judge points out! Entitled isn't even strong enough to say what her view and dominance over "her children" are.
In my humble opinion this kind of conduct by any parent and in particular this mother constitutes Violence and Abuse in accordance with Rule 24.(4) of the CLRA.
Just to warn all the "moving parents" the mother agreed to the following and I quote:
Pretty clear you would think eh? Well, this mother will do anything under the sun to try and get what she wants. Even trying to rely upon a clerical error in the original ORDER that states this!
The reality of the situation and the mother's opinion of the children's best interests are summed up here:
Under what authority you would think? Rational humans do not do this kind of thing. Angry, spiteful and abusive parents do this.
Not the best way to find out that your children have been moved from the jurisdiction...
Rule 24.(4) violence and abuse? I think this qualifies!
The judge applies simple facts, and not the "alternative facts" from the mother in this one and observes the reality:
... continued ...
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
Why do high conflict parents think they own children? Children are not the property. Just because you think you are the "primary parent" or have been identified as the "primary parent" doesn't give you the right to crap on the other parent and disregard court orders and agreements.
Often discussed is the aspect of "mobility". The mother in this matter simply and in contravention of a court order (at the level of contempt) moved children from the agreed upon habitual residential location and boasted to the father that he will never see the children again.
Word of warning to moving parents... The story does not go well for the moving mother in this matter... Not well at all...
[1] Rosina McLellan and Andre Schikolenko entered into a mediated agreement on October 20, 2015. The agreement provided, on a final basis, that the parties would have joint custody of their three young daughters, and that the “[m]other shall not move the children’s residency further than 50 kilometres from the City of Hamilton without the written permission of the Respondent Father”. The parties consented to an Order of Justice Brown, of the same date, which incorporated the terms of the Agreement.
[2] Less than a year later, Ms. McLellan re-married on May 4, 2016, and, on July 26, 2016, informed Mr. Schikolenko that, “as of right now you will never be seeing the girls again; I am taking away your visitations”. In September 2016, he learned that she had relocated the children to Sarnia with her new husband.
[2] Less than a year later, Ms. McLellan re-married on May 4, 2016, and, on July 26, 2016, informed Mr. Schikolenko that, “as of right now you will never be seeing the girls again; I am taking away your visitations”. In September 2016, he learned that she had relocated the children to Sarnia with her new husband.
[3] Since the children’s move to Sarnia, Ms. McLellan has caused them to call their father “Andre” and to call her new husband “Dad”. The children have sent text messages from their mother’s telephone, stating that their mother had told them that Mr. Schikolenko would not pay for their day care, and telling him to leave them alone, that they have a dad and that he was no longer their dad, and that “[Mom] will lose her job it’s your fault and I will be mad at you.”
Just to warn all the "moving parents" the mother agreed to the following and I quote:
7. The Applicant Mother shall not move the children’s residency further than 50 kilometres from the City of Hamilton without the written permission of the Respondent Father.
The reality of the situation and the mother's opinion of the children's best interests are summed up here:
[20] On July 23, 2016, Mr. Schikolenko took the children to his cousin’s cottage to enjoy a family weekend with their paternal cousins. On July 26, 2016, he returned the children to Ms. McLellan’s residence in accordance with the parties’ agreement. After he dropped the children off and while driving back to his home, Mr. Schikolenko received a text message from Ms. McLellan that stated, “as of right now you will never be seeing the girls again. I am taking away your visitations.”
Not the best way to find out that your children have been moved from the jurisdiction...
[24] On September 6, 2016, as Mr. Schikolenko had not seen the children for six weeks, he attended at their school in Mississauga. The principal advised him that, while the children had been registered and enrolled there for the forthcoming school year, they had never attended for classes. Mr. Schikolenko contacted Ms. McLellan, who advised him that she had moved to Sarnia with the children.
[29] Since Ms. McLellan’s move with the children, Mr. Schikolenko has received numerous text messages from the children, sent from Ms. McLellan’s telephone, stating, in part:
• Mom told me you won’t pay for me to go to plasp
• Just leave us alone
• We have a dad you are not our dad
• Just leave Mommy and us alone
• You don’t pay for daycare dad
• Mom tells me the truth you don’t
• [Mom] will lose her job its your fault and I will be mad at you.
• Mom told me you won’t pay for me to go to plasp
• Just leave us alone
• We have a dad you are not our dad
• Just leave Mommy and us alone
• You don’t pay for daycare dad
• Mom tells me the truth you don’t
• [Mom] will lose her job its your fault and I will be mad at you.
[42] Justice Brown’s order clearly and unequivocally states what should be done and not done. It states, in part:
7. …Mother shall not move the children’s residency further than 50 kilometres from the City of Hamilton without the written permission of the Respondent Father.
[43] Sarnia is approximately 250 kilometres from the City of Hamilton. There is no dispute that Sarnia is farther than the 50 kilometres specified in Justice Brown’s Order. There is also no dispute that Ms. McLellan moved the children’s residence to Sarnia without the written permission of Ms. Schikolenko.
7. …Mother shall not move the children’s residency further than 50 kilometres from the City of Hamilton without the written permission of the Respondent Father.
[43] Sarnia is approximately 250 kilometres from the City of Hamilton. There is no dispute that Sarnia is farther than the 50 kilometres specified in Justice Brown’s Order. There is also no dispute that Ms. McLellan moved the children’s residence to Sarnia without the written permission of Ms. Schikolenko.
Comment