The parents of a 12-year-old described their relationship as 'toxic'
The Ontario Superior Court ruled that the mother of a twelve-year-old has sole decision-making responsibility, and the father must undergo counselling before resuming any parenting time, with child support based on his imputed income.
The parties were in a relationship from 2009 to late 2011. The mother sought an order that the father have no parenting time, while the father requested a graduated parenting time order. The parents described their relationship as "toxic," with the mother alleging abuse and the father denying it.
The father was inconsistent in his involvement with the child from her birth until 2018. Following a child protection agency's involvement, the parents settled on access arrangements. The mother initiated a court application for custody and support in 2019, resulting in an uncontested order by the court granting her sole custody and limited access to the father, contingent on his providing evidence of suitable accommodation.
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Despite multiple court orders, the father failed to comply with requirements, including arranging a home inspection and engaging in therapy. The child expressed fear and anxiety due to the father’s religious practices and unsettling conversations. This led to the mother discontinuing the father's parenting time.
The court emphasized the importance of credibility in this high-conflict case. The mother’s evidence was preferred due to her forthright testimony and consistency with the documentary record. The father casually disregarded court orders and offered explanations that lacked credibility.
The testimony of a clinician from the Office of the Children’s Lawyer (OCL) aligned with the mother’s account, particularly regarding the child's discomfort and fear related to the father's behaviour. The court ruled that the father must undergo counselling to demonstrate behavioural change before resuming any parenting time, limiting his contact to sending cards and gifts through family members.
The court addressed the child support issue, imputing income to the father based on his inconsistent disclosure and income history. The court found the father's claimed income unreliable and imputed a reasonable income for calculating support payments.
Ultimately, the Superior Court ordered that the mother have sole decision-making responsibility for the child and that the father’s parenting time be suspended until he engages in therapy and demonstrates behavioural change.
