Davis v Davis, 2012 ABQB 218

Court of Queen ’ s Bench of Alberta Citation: Davis v Davis, 2012 ABQB 218 Date: 20120402 Docket: 4803 155773 Registry: Edmonton Between: Justin Anthony Davis Applicant - and - Jennifer Davis Respondent _______________________________________________________ Memorandum of Decision of the Honourable Mr. Justice Donald Lee _______________________________________________________ [ 1 ] This is an application by the father seeking to have permission to have his daughter picked up and dropped off on his weekend access visits by his girlfriend.

The present Orders in this matter issued in this Court require the father to personally pick up and return the child at certain times and specified locations, and as well stipulate that there shall be no contact between the parties except for the purposes of dealing with the child of the marriage, or in a case of an emergency with respect to the child of the marriage. [ 2 ] The mother opposes the father’s application to have his girlfriend pick up and drop off the child as needed because she submits that the relationship between the father and his girlfriend has been an erratic one in that the father had advised her recently that they had broken up permanently.

The mother does not believe that it is in the child’s best interest to be subjected to constantly changing people in her life.

[ 3 ] The mother also argues that the girlfriend is only 21 years of age, and tends to text and be distracted while driving.

The mother cites concerns for the child’s safety if the girlfriend were to drive the child alone. [ 4 ] Finally the mother argues that there is no reason that the father cannot have his sister, a mature individual, drive the child, instead of his on again/off again 21 year old girlfriend. [ 5 ] The father submits that he has significant problems with respect to the pick up and drop off of his daughter because his license has been suspended as a result of a “DUI charge” that he is presently facing.

Additionally he has trouble at times picking up and dropping off his child because he operates his own trucking company, and is often on call on the weekends. The father sees the child every second weekend, and it appears that this has been a high conflict divorce and child access case.

The father also is concerned that he will be effectively denied access if his girlfriend is not allowed to do pick ups and drop offs, given that his sister does not live near the pick up and drop off points, and has her own life to lead. [ 6 ] The father argues that he does not have to prove the fitness of his girlfriend to drive the child around, and that the mother’s opposition is simply based on her jealously of his girlfriend, and nothing more.

Conclusion [ 7 ] The mother never filed an Affidavit before the Court in opposition to the father’s application, and the father did not provide the Court with any details or references for his girlfriend particularly in relationship to the girlfriend’s ability to pick up and drop off this 3½ year old child of the marriage.

As such I conclude that both parties should provide the Court with further details in relationship to their positions, or in support of their position. [ 8 ] I have directed the mother to file an Affidavit outlining her specific concerns, and to provide the Court with some evidence as to those concerns as it relates to the girlfriend picking up and dropping off the daughter. [ 9 ] As for the father I directed that he provide the Court with further information concerning the girlfriend, plus preferably the girlfriend’s own Affidavit as to her qualifications to pick up and drop off the child, as well as any other references that can be provided with respect to the girlfriend, all in Affidavit form if possible. [ 10 ] By agreement of the parties, this matter will be brought back to morning chambers on Wednesday, April 11, 2012 at 10:00 a.m.

Heard on the 26 th day of March, 2012. Dated at the City of Edmonton, Alberta this 2 nd day of April, 2012.

Donald Lee J.C.Q.B.A. Appearances: Justin Anthony Davis Appeared On His Own Behalf Jennifer Davis Appeared On Her Own Behalf