The court emphasized the child's right to a meaningful relationship with both parents
The Ontario Superior Court of Justice granted the father a graduated parenting schedule for his child despite allegations of abuse and substance use by the mother.
The parents began cohabitating in May 2020 and separated in August 2023. Their child, a thriving toddler, has been the center of conflicting narratives from the parents regarding their care. The father claimed to be a dedicated parent involved in daily activities, while the mother described him as abusive with a serious substance abuse problem. The mother alleged the father went on a two-day cocaine and alcohol binge, leading to his departure from the home, and raised concerns about the father's family, alleging widespread substance abuse and past sexual abuse by the paternal grandfather.
The mother requested the father stay away from the matrimonial home, leading to criminal charges against him for historic assault. Since then, the father has been prohibited from seeing the child. Despite obtaining a consent variation to allow indirect communication for parenting time, the mother did not facilitate any visits.
The Superior Court evaluated the child's best interests, considering their safety, security, and well-being as required by the Children’s Law Reform Act. The court acknowledged the mother's self-help approach in denying the father any parenting time and emphasized the importance of facilitating a relationship between the child and both parents.
The court found inconsistencies and credibility issues in the mother's allegations, particularly regarding the father's involvement during the child's birth. The court also reviewed two video recordings submitted by the mother to support her claims. One video showing a despondent man was deemed inadmissible due to its lack of probative value. The second video, capturing a heated argument, was admitted but highlighted mutual abusive behaviour rather than solely supporting the mother's claims.
Both parents' substance use raised significant concerns. The father, who admitted to past substance abuse, presented evidence of recent sobriety through clean drug tests. However, the court remained cautious about his alcohol use. The mother acknowledged regular marijuana use but claimed it did not affect her ability to care for the child.
The court granted the father a graduated parenting schedule, beginning with supervised day visits and progressing to alternate weekends. The order included conditions for both parents to use a parenting app for communication, refrain from disparaging each other, and minimize the child's exposure to adult conflict. The father was also required to submit to further drug testing.
The court underscored the child's right to a meaningful relationship with both parents. The court urged both parties to attend a parenting course to better understand the child's needs and learn to co-parent without conflict. The court noted that the interim order aims to normalize the father’s relationship with the child while ensuring their safety and well-being.
