Kitchener and Jessup

This matter concerned an application by the Father and Mother regarding their child, born in January 2002. The court was required to determine the living arrangements for the child and the nature of parental responsibility.

The primary legal issues before the court were: (1) with whom the child should live; (2) who should have parental responsibility for the child; and (3) the terms and conditions under which the child would spend time and communicate with the non-resident parent. The court also considered the practical arrangements for supervised contact, including the role of a Family Consultant in supervising compliance with the orders.

Jordan J ordered that the child live with the Father and that the Father have sole parental responsibility for all decisions concerning the child, though he was to inform the Mother of long-term decisions. The child was to spend time and communicate with the Mother through supervised contact at an agreed Contact Centre, or failing agreement, at the W Contact Centre, every twelve weeks for the maximum duration permitted by the centre. The court also made detailed provisions regarding the arrangement and notification of these contact times, including the Father's obligation to purchase airfare for the Mother to facilitate contact, subject to the Mother's attendance. Furthermore, the court ordered that a passport be issued for the child upon application by the Father, notwithstanding the Mother's consent, and stipulated that the Father provide the Mother with details of any overseas travel. Compliance with the contact orders was to be supervised by a Family Consultant, who was to provide assistance to both parents. The court also incorporated a Fact Sheet detailing the obligations, consequences of contravention, and sources of assistance.