Gray v. Metcalf, 2011 ABQB 783

Court of Queen ’ s Bench of Alberta Citation: Gray v. Metcalf, 2011 ABQB 783 Date: 20111209 Docket: FL04 01218 Registry: Grande Prairie Between: Joseph Gray Applicant - and - Amber Metcalf Respondent _______________________________________________________ Memorandum of Decision of the Honourable Madam Justice J.B. Veit _______________________________________________________

Summary [ 1 ] The parties are arranging a special chambers hearing for February, 2012. To deal with the period between now and then, they require interim interim orders on child and spousal support and parenting. [ 2 ] On an interim, interim, pre-disclosure basis, Mr. Gray will pay s. 3 child support for his two children based on an income of $77,000.00; this obligation is retroactive to October 1, 2011 and will continue until further order of the court.

The retroactive payment for December 1, 2001 is payable forthwith; the retroactive payments for October and November must be paid in full by January 31, 2012. [ 3 ] Because of the very young age of the children, the typical ideal parenting regime where parents are separated would be one

[ 3 ] Because of the very young age of the children, the typical ideal parenting regime where parents are separated would be one in which each parent sees the children frequently; where parenting is not shared, the ideal arrangement would be for the non-custodial parent to have parenting time every day or every second day for a couple of hours. Here, because of the very long distances that separate the parents, an arrangement of that sort is not possible.

Therefore, until a court decides which parenting regime is in the best interests of these children, the father will have parenting time for the middle two days of his 4 day off work shift. Because the father is having extended parenting time with his children in December, the arrangement whereby he will have parenting time for the middle two days of his 4 day off shift will commence as near as possible to January 1, 2012. [ 4 ] Because the court has yet to determine the interlocutory parenting regime, it is not possible to finalize interlocutory spousal support.

The issue of interlocutory spousal support is therefore adjourned to the special chambers hearing. Cases and authority cited [ 5 ] By Ms. Metcalf: Wright v Fulop 2002 ABQB 977 ; C.L.E. v B.M.R. 2010 ABCA 187 ; Lavergne v Lavergne 2007 ABCA 169 ; Metcalf v Gray 2011 ABQB 773 1. Background [ 6 ] The basic facts relating to this application were set out in the earlier decision of this court cited above.

That decision was issued separately in order to attempt to allow the parties adequate notice for an extended parenting period commencing on December 10, 2011; this decision deals with the remaining issues that were raised at the morning chambers application. [ 7 ] In the earlier decision, I mis-stated the age of the parties ’ two children; those children are aged, in fact, 2 and 9 months old. 2. Interim interim parenting [ 8 ] On this application, no expert evidence was provided as to either the best interests of these children or as to children ’ s development generally.

In the absence of such evidence, the court relies on evidence presented in other cases which is, as the court understands it, to the effect that very young children of separated parents have undeveloped memories and that it is therefore crucially important for children to have frequent, even if short, contact with each of their parents.

As I understand the current information about child development, as children become older they become more able to tolerate more lengthy separations from their parents without harming the children ’ s ability to make emotional bonds, not only with their parents, but also with others. [ 9 ] In the circumstances here, it would obviously have been ideal for the father to have had short parenting time, a couple of hours, every second day. Given the very long distance which separates the parties, such an arrangement is impossible.

Until further order of the court, the father will therefore have parenting time on the middle two days of his four day off shift. [ 10 ] Because arrangements have been made for a longer period of parenting time in December, the parenting

schedule described immediately above will commence as near as possible to January 1, 2012. 3. Interim interim child support [ 11 ] On an interim, interim, pre-disclosure basis, the father will pay child support based on annual gross income of $77,000.00. [ 12 ] The child support obligation commenced retroactively on October 1, 2011, and the obligation will continue until further order of the court. The December 1, 2011 payment from the father is due forthwith. The retroactive payments for October 1 and November 1, 2011, must both be paid in full by January 31, 2012.

4. Interim interim spousal support [ 13 ] Until a parenting regime which responds to the best interests of these children has been determined in February, 2012, it is not possible to finalize spousal support. For example, if a court were to decide that it is in the best interests of the children for them to have frequent contact with their father, the mother may decide to return to Cold Lake and to live in the conjugal residence.

If a court decides that the best interests of the children are served by maintaining the parents ’ current living arrangements, the mother will presumably set up a residence in Grande Prairie. Different financial considerations arise depending on which regime is adopted. Until the February hearing, because the mother is living with her parents, has maternity leave income, and will have child support payments, the issue of spousal support can, and must, be deferred until the February hearing. 5. Costs [ 14 ] The costs of the November 28, 2011 hearing were dealt with in the previous decision.

Heard on the 28 th day of November, 2011. Dated at the City of Grande Prairie, Alberta this 9 th day of December, 2011. J.B. Veit J.C.Q.B.A. Appearances: Jocelyn E. Innes, Innes Law for Ms. Metcalf Wayne C. Ayling, Wayne Ayling Law Office for Mr. Gray