Campbell v. Campbell, 2013 ABQB 170

Court of Queen ’ s Bench of Alberta Citation: Campbell v. Campbell, 2013 ABQB 170 Date: 20130319 Docket: 4803 145500 Registry: Edmonton Between: Alexander Marshall Campbell Applicant - and - Melody Ann Campbell (Dalley) Respondent _______________________________________________________ Memorandum of Decision of the Honourable Madam Justice J.B. Veit _______________________________________________________

Summary [ 1 ] In this special chambers application, Mr. Campbell asks for two additional days of parenting time: instead of parenting from Friday night to Sunday night, he asks to parent his three boys from Thursday night to Monday morning. The mother opposes any change to the parenting regime on the grounds that it may be disruptive to the children. [ 2 ] The father ’ s application is allowed. [ 3 ] The proposed change will give the children the opportunity for enjoying a more balanced parenting regime and this is in

their best interests. The proposed change will not cause the children harm: there is no evidence to suggest that this small change in the parenting regime will cause the children stress. The children will be able to cope with the drive across the Quesnel Bridge in rush hour traffic and, given the children ’ s current good academic performance, the slight change in school night parenting appears to be well within the children ’ s capacity to adjust. The proposed change may cause the children good: the additional parenting time will create a more realistic parenting regime.

Instead of just having the children for fun occasions on the week-ends, the father will now be required to share in some of the other obligations of parenting - including assisting the children to live up to both their potential and to the reasonable expectations of others such as the school system and the children will become aware that their mother ’ s legitimate expectations of them are shared by their father, although the parents may try to achieve their common objective in different ways. 1. Background [ 4 ] The parties are the parents of three children who range between 9 and 13 years of age.

The parties ’ divorce judgement gave the father reasonable and generous access to the children of the marriage. In May 2011, the court gave the father specified alternate week-end access from Friday night to Sunday night and one night of mid-week access. The 2011 order, which was on consent, stated that it could be varied on notice to the other parent; therefore, the father does not need to show a material change of circumstance to bring his application. 2.

Is a change in the parenting regime in the children ’ s best interests? [ 5 ] All parenting decisions must be made, of course, from the perspective of what is in the children ’ s best interests. [ 6 ] The mother fears that any change to the current parenting regime may be difficult for the children: she is concerned that the children may have to cross the Quesnel Bridge at rush hour, that a change to alternate Sunday nights will mean that the children will not be able to continue to enjoy Sunday dinner with her extended family, that the children will not keep up with their homework, and that the father will not be able to manage the additional stress of having the children for an extended period of time. [ 7 ] These children are all doing very well in school.

There is no reason to expect that a slight change in the parenting

schedule is beyond their capacity for flexibility. Nor is there any reason, on all of the evidence presented on the application - including the medical evidence - to expect that this slight change is beyond the father ’ s capacity to adapt to a slightly extended parenting role.

The small stresses, of rush hour traffic and of potential waiting in the school office for one parent to pick up a child, are normal life stresses from which children without special needs do not need protection. [ 8 ] Not only are there no reasons why the children should not spend more time with their father, there are reasons why it would be helpful for them to do so.

By experiencing a slightly extended parenting time into the school week with the concomitant change from an almost purely recreational role to a more realistic parenting role for the father, the children will be in their father ’ s care on a more than recreational basis. They will become aware that both their parents share the objective of having them reach their full potential and of helping them live up to the reasonable expectations of others such as the school system even though their parents may have slightly different ways of trying to achieve that objective.

This will potentially open the children up to an ongoing openness to greater inclusivity which will be of benefit to them as they mature.

This same objective will be assisted by opening to the children the possibility of Sunday suppers with the father ’ s extended family. [ 9 ] Since there is no anticipated negative result from the small change requested by the father, since the small change will be made so that school performance can be monitored for a few months until the end of the school year with a view to determining what might be in the children ’ s best interests for the next school year, and since the small change will in fact have the potential of broadening the children ’ s experience of life, this small change should be made. [ 10 ] Of course, this change in parenting

schedule will not affect the father ’ s obligation to ensure that the children continue with their ongoing commitments, such as music lessons, during the periods that they are in his care. [ 11 ] Some of the stilted behaviour which the father has apparently shown towards his children is probably explained by the no- contact provision between the parents.

I will take this opportunity to tell the father that even if he cannot attend the mother ’ s residence, he is able to send her court-related documents by ordinary mail - and this would be preferable to having sealed envelopes addressed to the mother placed in the children ’ s backpacks. The parents should also explore the possibility of developing methods of direct

communication between the father and his children - such as email communication - which has the benefit of not requiring intervention by the other parent and of providing a record of communication. [ 12 ] In the result, the father will pick up his children from the mother ’ s home on Thursday evenings instead of Friday evenings on the week-ends they spend with him and the father will drop the children off at school on the following Monday morning, or Tuesday morning if it is a long week-end. The mother will pick up the children from the father ’ s home on Tuesday evenings when he has access to them.

Heard on the 7 th day of March, 2013. Dated at the City of Edmonton, Alberta this 18 th day of March, 2013. J.B. Veit J.C.Q.B.A. Appearances: Mr. Campbell, on his own behalf Ms. Campbell, on her own behalf