Court ordered remedies?

Agreements like that arent enforceable. You need the court to assist and the matter that popped up was the result of your ex’s unreasonable behaviour. I think you are right to file amended materials and a motion but I just don’t know what that motion is. Stillpaying said you can do that, see what he says.

And it’s not opposing counsel, it is your ex, counsel simply represents them. You ask your ex through their counsel.

I also really think you should speak to a lawyer. This has gotten really complicated with the mental health and bullying issues. I have a feeling his lawyer is treating you badly as you are self rep. Legal fees to collect support are also tax deductible if that helps as all. If you are amending to ask for the retroactive support you would be eligible for that.
 
Why would they agree to/give anything?

If you want to get complicated and jump the queue talk to a lawyer.
The judge gave you how long and you started planning your motion right away.

Maybe: If you want to have someone monitor the exchanges then get a court order or consent for supervised exchanges.
You bring the child there, leave them in a room the father comes by, the exchange happens or it doesn't. You get a report after 4 sessions or so.

But so far it seems EVERYONE you have had involved has said the kid doesn't have to go with this father because it is a really bad situation and here you are trying to force an adult into therapy. Don't. You can't, a judge can't either.

I am virtually certain the "professionals" have given you advice and you have stuff in writing.

Really this is getting weird.
 
pinkHouses said:
But so far it seems EVERYONE you have had involved has said the kid doesn't have to go with this father because it is a really bad situation and here you are trying to force an adult into therapy. Don't. You can't, a judge can't either.

I am virtually certain the "professionals" have given you advice and you have stuff in writing.
Click to expand...

I do have stuff in writing and I am only trying to get my son and my ex back to terms so we can all move on with our lives. I feel like the onus is on me to do more as I have the sole decision-making, majority parenting-time and residency of my son.
 
rockscan said:
I think you are right to file amended materials and a motion but I just don�t know what that motion is.
Click to expand...

This is what my motion looks like:

1. The Respondent's parenting-time shall be temporarily suspended until such time as a accredited child mental health professional can deem there is no risk of self-harm to the child through a certified letter. Case-by-case parenting-time may be utilized at the request of [the child] through consultation with his mental health professionals.

2. The Respondent shall complete the following:

a) a parenting program offered by [Supervision Service], or one similar in nature;

b) engagement in a program to assist the Respondent in understanding the impact of his behaviour on the relationship with [the child], such as “Caring Dads”, in order for the Respondent to recognize the importance in placing [the child's] needs above his own;

c) completion of an accredited anger management program, such as one provided by [Supervision Service], or one similar in nature; and

d) mutually agree to a reunification counsellor to assist and guide the process of reintroducing [the child] to the Respondent upon the completion of the above. This matter shall be paid for by the Respondent.

3. The Respondent shall pay cost in the value of $500.00 to the Applicant forthwith
 
Should probably put in there he is responsible for all costs of the treatment. Not just the reunification stuff.

I would also put in that parenting time can happen on a supervised basis rather than suspended temporarily. It shows you are trying and not taking away his time. You said your son would go to a public place or supervised time so do that.
 
rockscan said:
Should probably put in there he is responsible for all costs of the treatment. Not just the reunification stuff.

I would also put in that parenting time can happen on a supervised basis rather than suspended temporarily. It shows you are trying and not taking away his time. You said your son would go to a public place or supervised time so do that.
Click to expand...

Wasn't really sure how to word it so I did this:

1. The Respondent parenting-time shall be facilitated through supervised visits until such time as a accredited child mental health professional can deem there is no risk of self-harm to the child through a certified letter. Case-by-case parenting-time may be utilized at the request of [the child] through consultation with his mental health professionals.

2. The Respondent shall complete the following:

a) a parenting program offered by [Supervision Service], or one similar in nature;

b) engagement in a program to assist the Respondent in understanding the impact of his behaviour on the relationship with [the child], such as “Caring Dads”, in order for the Respondent to recognize the importance in placing [the child's] needs above his own;

c) completion of an accredited anger management program, such as one provided by [Supervision Service], or one similar in nature; and

d) mutually agree to a reunification counsellor to assist and guide the process of reintroducing [the child] to the Respondent upon the completion of the above.

3. The Respondent shall be responsible for all fees associated with the above.

4. The Respondent shall pay cost in the value of $500.00 to the Applicant forthwith.
 
This reads more like and offer. Your motion should be:

An order for the current parenting time to be terminated.

An order for supervised visits between the Respondent and the child at his cost.

An order that the Respondent complete the following parenting courses: LIST THEM at his cost.

An order that the Respondent complete anger management therapy at his cost.

An order for reunification or parent/child therapy between the Respondent and the child at his cost.

An order for costs.

Any other order or remedy this honourable court deems appropriate.


What you have is an offer. Suggestions:

1. The Respondent’s ongoing parenting-time shall be conducted via supervised visits. This will be held at either an accredited supervision facility or in a location deemed appropriate by the child’s mental health practitioner. Dates and times to be agreed upon by the parties.

2. The Respondent shall complete the following:

a) a parenting program offered by [Supervision Service], or one similar in nature;

b) engagement in a program to assist the Respondent in understanding the impact of his behaviour on the relationship with [the child], such as “Caring Dads�, in order for the Respondent to recognize the importance in placing [the child's] needs above his own;

c) completion of an accredited anger management program, such as one provided by [Supervision Service], or one similar in nature; and

d) mutually agree to a reunification counsellor to assist and guide the process of reintroducing [the child] to the Respondent upon the completion of the above.

3. The Respondent shall be responsible for all fees associated with the above.

4. The Respondent shall pay cost in the value of $500.00 to the Applicant forthwith.
 
rockscan said:
This reads more like and offer. Your motion should be:

An order for the current parenting time to be terminated.

An order for supervised visits between the Respondent and the child at his cost.

An order that the Respondent complete the following parenting courses: LIST THEM at his cost.

An order that the Respondent complete anger management therapy at his cost.

An order for reunification or parent/child therapy between the Respondent and the child at his cost.

An order for costs.

Any other order or remedy this honourable court deems appropriate.
Click to expand...

Thank you very much for the help. This is what I have now:

1. An order for the current parenting time of the Respondent to be terminated.

2. An order for supervised visits between the Respondent and the child at the Respondent's cost.

3. An order that the Respondent complete the following parenting courses:

a) a parenting program offered by [Supervision Service], or one similar in nature, the the Respondent's cost;

b) engagement in a program to assist the Respondent in understanding the impact of his behaviour on the relationship with [the child], such as “Caring Dads”, in order for the Respondent to recognize the importance in placing [the child's] needs above his own, at the Respondent's cost.

4. An order that the Respondent complete anger management therapy at the Respondent's cost.

5. An order for reunification or parent/child therapy between the Respondent and the child at the Respondent's cost.

6. An order for costs in the value of $500.00 paid to the Applicant by the Respondent forthwith.

7. Any other order or remedy this honourable court deems appropriate.
 
In 3b i would take out the extra “so he can understand blah blah blah”. Leave it at the therapy part. You dont need to lecture.
 
rockscan said:
In 3b i would take out the extra �so he can understand blah blah blah�. Leave it at the therapy part. You dont need to lecture.
Click to expand...

Agreed. I took it out.

Thanks again for all of your help. I really do appreciate it.

Now its just a waiting game for a motion date.

On a side note, is a 13 page Affidavit with 15 exhibits in support of my motion to much?
 
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Hide on Bush said:
Agreed. I took it out.

Thanks again for all of your help. I really do appreciate it.

Now its just a waiting game for a motion date.

On a side note, is a 13 page Affidavit with 15 exhibits in support of my motion to much?
Click to expand...


I would try to whittle it down. You only need to include what the experts said and why it relates.
 
I would keep it brief. That there is a matter before the court; that an issue occurred prompting medical intervention; that the medical experts said xyz; that you have requested the respondent to participate. Thats it. Think of it like a thesis. You are making a statement that your son and ex need treatment and then provide your proof of why.
 
rockscan said:
I would keep it brief. That there is a matter before the court; that an issue occurred prompting medical intervention; that the medical experts said xyz; that you have requested the respondent to participate. Thats it. Think of it like a thesis. You are making a statement that your son and ex need treatment and then provide your proof of why.
Click to expand...

Definitely not brief, but this is what I have so far:

1. This Affidavit is in support of the Applicant's Motion seeking the parenting-time of the Respondent to be altered to supervised visitation with ordered therapy.

BACKGROUND

2. The Respondent and I began our relationship in 2011 which subsequently ended in 2013. During this time, I resided with him on the [location] while he was employed as an [job].

3. After separating with the Respondent, I moved with [the child] to [location] while the Respondent remained in [location].

4. Between 2013 and 2016 there was no Court Order established.

5. In 2014, the Respondent and I agreed to parenting-time being afforded through supervised visits. Additionally, various other conditions were imposed on the Respondent such as:

a) No contact from the Respondent outside of email correspondence;

b) Removal of parenting-time if child support is not paid;

c) The Respondent was not allowed to remove [the child] from the geographical boundary of [location] outside of a day trip to [location];

d) Supervised visitations; and

e) The Respondent’s Mother was not allowed to be present due to the arguments that would ensue between the Respondent and her in front of [the child].

6. In 2016, due to the Respondent’s supervised parenting-time becoming more and
more sporadic, and the Respondent refusing to pay child support, I submitted an Application to the court to begin this present Family Court case.

7. At the conclusion of the 2016 Case Conference, the following orders were provided on consent, in addition to standard clauses:

a) I obtained primary residency of [the child];

b) I obtained full decision-making responsibility in context that I had to consult with the Respondent, however if there was a disagreement with respect to the decision, I was at liberty to make the final decision; and

c) The Respondent obtained 20-22% parenting-time dependent on the year.

8. In April 2019, the Respondent submitted a Motion to Change seeking a decrease in support for [the child]. During this time, the Respondent provided me with the ability to have the term “sole custody” on the 2019 Order for $1000.00 off of his 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].

2021 MOTION TO CHANGE

10. On May 4th, 2021, after a failure of negotiations between the Respondent and I between December 2020 and May 2021, a Motion to Change was submitted by myself seeking the following amendments:

a) Increase of the geographical radius in which I could live from 100km to the Province of Ontario; and

b) Increase of Child Support to be based on the Respondent’s new income of $171,187.

11. Between May and June 2021, the Respondent and I began further negotiations and came to an agreement which resulted in a Consent Motion to Change being signed by both parties on July 16th, 2021. This Order would provide the following;

a) Increase of the geographical radius in which I could live from 100km to 150km;

b) The Respondent acquires an extra weekend if I moved to [specific location];

c) The Respondent obtained open communication with [the child] via his cellphone;

d) [the child] acquired the ability to make the final decision on additional parenting-time with the Respondent;

e) The Respondent acquired the Friday or Monday of long weekends that fell within his parenting-time;

f) The Respondent obtained an extra week of parenting-time with [the child] during his summer vacation; and

g) The Respondent was required to pay $7,500 in arrears to equate to the increase of his income to $171,187.

12. The Consent Motion was submitted to the court and the Respondent had paid me the $7,500 in arrears. Additionally, the Respondent utilized his additional week of parenting-time with [the child] as well as the open communication and the utilization of [the child] having the final decision-making power with regards to the Respondent’s additional parenting-time.

13. On August 10th, 2021, both parties received 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 had submitted my Affidavit and informed the Respondent and his lawyer of their responsibility to do so many times.

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. The sought terms in the motion can be found in the Respondent’s Form 15B dated November 23rd, 2021.

16. As there is currently a 10 year status quo in which the Respondent has not held court ordered decision-making of [the child] since birth, nor has the Respondent had more than 25% parenting-time, I had questioned the motive behind this change.

17. It was noted in the Respondent’s Motion to Change the following material change of circumstances that warranted the drastic removal of the 10 year status quo:

a) That beginning September 2021, [the child] began living with his maternal grandparents in [location] due to my beginning post-secondary education and based on [the child] attending school at [school name] in [Location] and [the child] playing hockey with the [Location] Minor Hockey association;

b) That [the child] only resides with me during alternative weekends due to my attendance of post-secondary education;

c) That the Respondent had [the child] “at least 50% of the time”; and

d) That reasonable additional parenting-time requested by the Respondent has been refused on a frequent basis.

18. It should be noted that throughout the following months, I have provided numerous documents, affidavits, and security videos disproving the Respondent’s allegations.

19. The Respondent has stated in a response to a Request to Admit that all of his allegations were based on his “belief and not necessarily a fact.” (Refer to Exhibit “B”).

20. In December 2021, [the child] had informed me that the Respondent informed him of the Respondent’s desire to have him live with the Respondent full time which caused a detrimental mental health response from [the child].
 
21. This deterioration was exacerbated by various other occurrences such as, but not limited to, the Respondent threatening to call the police on [the child] to have him charged with assault due to a disagreement which resulted in [the child] hitting the Respondent in the face with a foam “Nerf” bullet. (Refer to Exhibit “C”).

22. As a result of this, the 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.

24. [the child] had stated that he learnt about different forms of abuse from FACS during their prior visit pertaining to the Respondent physically abusing his dog.

25. Once [the child] learnt what emotional abuse was, he stated he began to see all of the different signs coming from Respondent toward him.

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.

27. I also provided [social worker] with 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”).

28. When I had informed the Respondent that his behavior has been negatively affecting [the child], the Respondent only stated “That’s your opinion. Have a nice day.”

29. Based on the information provided and learnt from [the child], [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].

31. One instance in particular involved my husband attending the residence from work in order to positively promote [the child] to attend a visit with the Respondent.

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.

33. [the child] stated on the report that he was frequently degraded and sworn at, and claimed he was being emotionally abused. These claims can be identified if referred to Exhibit “F”, specifically pages 2, 14, 15, 16, 28, 44, 48, 51, 52, and 53.

34. In March 2022, [the child] had informed me that he was going to resort to self-harm if he was forced to resume any further visits with the Respondent. (Refer to Exhibit “G”).

35. I had learnt that [the child] informed the Respondent of his intention to commit suicide hours prior to my knowledge. The Respondent did not inform me of [the child's] intention to resort to self-harm. (See Exhibit “H”).

36. Once obtaining the information from [the child], the Applicant contacted FACS, [the child's] counsellor at the Interval House and [the child's] family doctor.

37. [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.

39. After informing the Respondent of this notion, the Respondent became silent and did not respond to any messages from me through the Respondent’s legal counsel.

40. On March 25th, 2022, during a Case Conference, the Respondent and his legal counsel focused around their allegations of [the child] residing with his grandparents in [location] and the Respondent’s desire to lower section 7 expenses. Once the child protection concerns were mentioned, including the thoughts of suicide, [the Justice] prioritized that discussion which prompted an order seeking OCL involvement again.
 
41. On April 6th, 2022, as a result of the Respondent missing various parenting-times with [the child], my husband and I sought the assistance of [CAS social worker] to contact the Respondent to obtain some confirmation on what was occurring.

42. [CAS social worker] had informed my husband 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, my husband messaged the Respondent seeking confirmation of this at which time the Respondent did confirm 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”)

44. On April 7th, 2022, I had informed [the child] of the Respondent’s decision as that choice was completely determinant on [the child]. [The child] had informed me he would not like to continue any access with the Respondent and was happy he obtained the choice.

45. On April 8th, 2022, the Respondent contacted [the child] via text message expressing his desire to return to the court ordered parenting-time. This prompted [the child] to respond with a message stating “No thank you I need more time.”

46. The Respondent responded to [the child] stating “I wish I could give it to u bud but your mom and [my husband] are making it seem like im walking away from you.”

47. [the child] responded by stating “No dad you make it seem like my mom and [my husband] are the bad guys when they are no. I’m not going with you. You gave me the power to not have to see you and I was excited and then you take it away.” (See Exhibit “L”)

48. For the day of April 8th, [the child] messaged the Respondent numerous times that he did not wish to continue parenting-time with the Respondent and if forced to do so, would resort to self-harm. Additionally, [the child] expressed not feeling safe while in the care of the Respondent. Finally, [the child] informed the Respondent that if he attempted to pick up [the child] at school, [the child] would walk right past him and refuse to leave the house.

49. Between April 8th and April 13th, I had attempted to communicate with the Respondent about his attendance on Wednesday, April 13th as [the child] informed the Respondent, again, that he would resort to self-harm if he went with the Respondent.

50. This prompted the Respondent to make allegations that there was no risk of self-harm to [the child] and that [the child] was just seeking attention. The Respondent stated as he was not provided any documentation from a mental health professional stating [the child] was suicidal, then the claim must be false.

51. On Wednesday, April 13th, the Respondent stated he would not pick up [the child] if I had agreed to attend ADR. I agreed and stated I would resume ADR with FACS if the Respondent agreed through a Consent Order that he would not pick up [the child] until a mental health professional deemed it safe for [the child] to attend.

52. The Respondent then stated if ADR through FACS was not effective, he demanded I conduct ADR through a paid service. When I declined, with the argument that ADR through FACS would be just as effective, the Respondent stated if I did not agree, then he would pick up [the child] despite him saying he would hurt himself.

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.”

54. On the weekend of April 22nd, the Respondent contacted [the child] asking for parenting-time to resume. [the child] had stated he was not ready to resume visits and had requested a letter from the Respondent seeking an explanation on how the Respondent was going to change and support [the child].

55. The Respondent informed [the child] he would not write him a letter saying “[the child] ive told u that’s not happening ok so we r going to have to think of something else.. ive already told u y im not writing a letter” detailing to [the child] of his fears that the contents of the letter would be scrutinized for content and grammar.

56. The Respondent then proceeded to inform [the child] that my husband and I have been actively trying to convince [the child] not to go with him.

57. [the child] informed the Respondent that “my Mom, [my husband], the school, [counsellor] all want me to go there and help our relationship but you don’t want to.”

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 have been documented child protection concerns which has resulted in substantiated allegations of emotional abuse from the Respondent toward [the child].

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.

57. It is my position that shall the Respondent continue to have ordered parenting-time that [the child's] mental health will continue to decline until such time as he will act on his claim of suicide or harm to the Respondent. Further, [the child] is currently making the decision to unilaterally suspend parenting-time with the Respondent by refusing to go with him.

OFFER TO SETTLE

58. At Wednesday April 27th, 2022, I submitted another Offer to Settle detailing this matter not need proceed to a motion hearing if the Respondent would conduct therapy with [the child]. (Refer to Exhibit “M”)

59. At the date of filing this Affidavit, the Respondent has not accepted that offer. As the court cannot order a parent and child to conduct mediation, I am seeking an order for the Respondent to conduct various parenting class while [the child] conducts therapy in order to resolve the underlying issues in this matter.

60. At the service of the documents related to this motion, I had submitted my final Offer to Settle this matter dated, INSERT DATE (Refer to Exhibit “N”)

APPLICATION

61. In my application, by Notice of Motion dated INSERT DATE, I seek an various Orders pursuant to Rule 14 of the Family Law Rules seeking:

a) An order for the current parenting time of the Respondent to be terminated;

b) An order for supervised visits between the Respondent and the child at the Respondent's cost;

c) An order that the Respondent complete the following parenting courses:

i. a parenting program offered by [Supervision Service], or one similar in nature, at the Respondent's cost; and

ii. engagement in a program to assist the Respondent in understanding the impact of his behavior on the relationship with [the child], such as “Caring Dads”, at the Respondent's cost.

d) An order that the Respondent complete anger management therapy at the Respondent's cost.

e) An order for reunification or parent/child therapy between the Respondent and the child at the Respondent's cost;

f) An order for costs in the value of $500.00 paid to the Applicant by the Respondent forthwith; and

g) Any other order or remedy this honourable court deems appropriate.

62. This motion is on the basis that the Respondent has frequently conducted himself in contradiction of the best interest of [the child] causing [the child] to express substantiated claims of emotional abuse and suicide as a result of the Respondent’s actions.
 
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I believe you put your requested remedy in the motion form so the affidavit is simply your backup for what you are asking for. I also don't believe you put the offer to settle in the materials either.

My suggestions...it's still way too wordy.

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 while the Respondent remained in [location]. In 2014, the Respondent and I agreed to parenting-time via supervised visits INSERT HOW THAT OCCURED. We also agreed that the Respondent would not contact me outside of email correspondence; he was not permitted to remove the child from the boundary of LOCATION; and, the Respondent’s mother was not permitted to be present during this parenting time.

6. Since DATE, the Respondent’s parenting time has been sporadic.
7. In 2016, I filed an application to the court to set parenting time and child support and the following orders were reached on consent:
a) I obtained primary residency of [the child];

b) I obtained full decision-making responsibility with consultation with the Respondent, however if there was a disagreement with respect to the decision, I was at liberty to make the final decision; and

c) The Respondent obtained 20-22% parenting-time dependent on the year.

8. In April 2019, the Respondent submitted a Motion to Change seeking a decrease in support for [the child]. At the time, the Respondent agreed me having “sole custody” on the 2019 Order for $1000.00 off of his 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].

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 the following:

a) Increase of the geographical radius in which I could live from 100km to the Province of Ontario; and

b) Increase of Child Support to be based on the Respondent’s new income of $171,187.

11. Between May and June 2021, 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.

16. The Respondent has not held court ordered decision-making of [the child] since birth, nor has the Respondent had more than 25% parenting-time in the 10 years of the child’s life.

20. Beginning in December 2021, actions and statements by the Respondent towards [the child] caused a strain on the child and impacts his mental health.
IN DATE 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.
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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