Vile and Probszic

In this matter before Watts J, the dispute concerned the parental responsibility and living arrangements for a child born in October 2001. The orders addressed the allocation of sole parental responsibility to the mother, with specific conditions for consultation with the father regarding long-term decisions, and stipulated that the child would live with the mother.

The court was required to determine the terms of parental responsibility, including the nature of consultation between the parents, and to establish a detailed schedule for the child's time with each parent. Further issues included the child's time with his paternal aunt, the need for therapeutic assessment and compliance with recommendations, and specific prohibitions against the father regarding denigration of the mother and her family, discussing proceedings with the child, and arranging for the child to see health professionals without the mother's consent or a court order, except in emergencies. The court also addressed the attendance of both parents at a post-separation parenting program.

Watts J ordered that the mother have sole parental responsibility, subject to a requirement to reasonably consult with the father in writing before making decisions about the child's long-term care, welfare, and development. The child was ordered to live with the mother, and an extensive schedule for the child to spend time with the father was set out, including provisions for supervised contact initially, progressively increasing to alternate weekends, and specific arrangements for holidays and birthdays. The paternal grandmother and aunt were permitted to be present during the father's time with the child. The child was also to spend time with his paternal aunt under conditions that prevented contact with the father or paternal grandmother. The mother was directed to seek therapeutic recommendations for the child and comply with any such recommendations, and both parents were ordered to attend a post-separation parenting program. The father was restrained from denigrating the mother or her family in the child's presence, discussing the proceedings with the child, or arranging for the child to see health professionals without the mother's consent or a court order, barring emergencies. The orders incorporated a fact sheet detailing obligations, consequences of contravention, and assistance resources.