Fiddler v. Gallagher, 2010 ABQB 301

Court of Queen ’ s Bench of Alberta Citation: Fiddler v. Gallagher, 2010 ABQB 301 Date: 20100505 Docket: FL03 03326 Registry: Edmonton Between: Bobbi-Jo Fiddler Plaintiff (Respondent) - and - David Gallagher Defendant (Applicant) Editorial Notice: On behalf of the Government of Alberta personal data identifiers have been removed from this unofficial electronic version of the judgment. _______________________________________________________ Memorandum of Decision of the Honourable Mr.

Justice Sterling Sanderman _______________________________________________________ [ 1 ] This matter has been under case management since January of 2007. The efforts of counsel and the Court have been directed towards establishing a meaningful relationship between a father and a son who is soon to celebrate his eighth birthday. The child of the relationship was born May [...], 2002. For a number of years Mr. Gallagher had no real relationship with his son. Since the beginning of 2007 he has worked hard at re-establishing a presence in his son ’ s life.

[ 2 ] The fact that the father resides in Ontario has made his efforts difficult. He can only visit his son in Alberta. Because of the costs, he has only been able to do so three or four times a year. He is now known to his son. [ 3 ] The fact that the father was a stranger to the son when the process of regular visits began made it impossible for the boy to travel to Ontario to meet the father ’ s immediate and extended family. Members of his family have journeyed to Edmonton to become acquainted with their nephew and cousin who continues to reside with his mother. [ 4 ] Ms.

Fiddler has an extremely close bond to her son. She is a loving and caring parent who has the best interests of her son uppermost in her mind. One cannot take issue with this basic premise. Unfortunately, at times she views her son ’ s needs through her own eyes. She tends to be over-protective. This sends the wrong message to her son and in some small fashion frustrates the development of a complete relationship between the child and his father. [ 5 ] The son is no stranger to air travel. He has journeyed with his mother to Pheonix, Arizona on a number of occasions.

For him to make the journey to Ontario this summer to see his father would not be unsettling. The father is entitled to exercise access to his son in his home in Ontario so that the child can begin to establish a closer relationship with his relatives in that Province. [ 6 ] Mr. Gallagher has diligently exercised access in Alberta when able to do so. A trip by his son to Ontario would not have been contemplated last year but it is now time to make that journey. [ 7 ] The time spent with the father in Ontario should be uninterrupted. When this matter was first broached last year in July, Mr.

Gallagher suggested a visit of a week in Ontario. That week should include the travel time necessary to go to Ontario and return. Mr. Gallagher should have a minimum of five complete days with his son in Ontario. He can pick up his son in Edmonton on August 15, 2010 and fly to Ontario that day. He will have continuous access and provide the day to day care for his son from August 16, 2010 to August 21, 2010. The child will be returned to the mother in the Province of Ontario at 10 a.m. on the 21 st of August. This

schedule will allow the access that the Court deems appropriate at this time. [ 8 ] Mr. Gallagher will pay for his flight to Edmonton. He will pay for his and his son ’ s flight back to Ontario. He will pay for his son ’ s return flight to Edmonton. Ms. Fiddler will pay for her airfare to and from Ontario. [ 9 ] It is appropriate that the child travel with his father to Ontario by himself. Ms. Fiddler will not accompany them on that flight. Steps must be taken to show the child that interaction with his father is normal and should be accepted without causing anxious moments. Mr. Gallagher will provide Ms.

Fiddler with the itinerary of events that have been planned for the child while in Ontario. He will provide Ms. Fiddler with all contact information that is necessary. He will let her know where he is staying and with whom and how they can be reached. [ 10 ] While the son is with his father, he will not be contacted by Ms. Fiddler. If the child wants to call his mother, Mr. Gallagher will facilitate this wish and will provide him with his cell phone to make the call. Other than Mr. Gallagher ’ s, no cell phone will accompany the child when he is in the care of his father. Ms.

Fiddler has to accept that her son must be able to develop a meaningful relationship with his father without interference. It is in her son ’ s best interests to do so. [ 11 ] Not enough information was provided to the Court by Mr. Gallagher in relation to his income. Consequently, it was impossible to address Ms. Fiddler ’ s request for an increase in child support. Apparently, Mr. Gallagher has provided the requisite documentation to counsel. It is not contained within a proper affidavit. Once that has been done and sent to counsel for Ms.

Fiddler, and she has had an opportunity to respond to it, this application can be properly brought before the Court.

Heard on the 4 th day of May, 2010. Dated at the City of Edmonton, Alberta this 5 th day of May, 2010. Sterling Sanderman J.C.Q.B.A. Appearances: Michael Kraus for the Plaintiff (Respondent) Michele J. Reeves for the Defendant (Applicant)