Ekeberg v Swan, 2021 ABQB 765

Court of Queen’s Bench of Alberta Citation: Ekeberg v Swan, 2021 ABQB 765 Date: 20210922 Docket: FL03 54619 Registry: Edmonton Between: Holden Ekeberg Plaintiff - and - Trisha Marie Swan Defendant _______________________________________________________ Memorandum of Decision of the Honourable Mr. Justice Sterling M. Sanderman _______________________________________________________ [ 1 ] In late July of this year, I gave an Oral Decision allowing Ms. Swan to relocate to the province of Manitoba with her young son (EE). She will be residing with him in Erikdale, Manitoba. Mr.

Ekeberg, EE’s father, has his residence in Sherwood Park, Alberta. At the time I gave my Oral Decision, the parties were not prepared to speak to Mr. Ekeberg’s ongoing access with his son. I asked them to provide me with written submissions in relation to the access he should have and what costs were appropriate in relation to this matter. [ 2 ] In late August, I received written submissions from the parties. This is my decision setting the access Mr. Ekeberg shall have with his son.

[ 3 ] There is no doubt that Mr. Ekeberg is going to be deprived of the regular access he had with his son prior to Ms. Swan’s relocation. It is in EE’s best interest that he have as much contact with his father as possible. His father wants to play a role in EE’s life. I have already ordered that Ms. Swan shall provide EE with a tablet that will enable him to communicate through video and electronic means with his father. This will ameliorate to a certain extend the long periods of time that Mr. Ekeberg will not be able to see his son in person. [ 4 ] The regime in which Mr.

Ekeberg will be able to see his son in person is the following. He will have access with his son for the Thanksgiving long weekend. Ms. Swan will see that EE is delivered to Mr. Ekeberg in Saskatoon, Saskatchewan by the Thursday preceding that weekend at 6:00 pm. Mr. Ekeberg will return EE to Ms. Swan at 6:00 pm on the Monday of the Thanksgiving weekend in Saskatoon, Saskatchewan. [ 5 ] The Christmas break from school will be apportioned in the following fashion. In odd numbered years, Mr. Ekeberg will have his son from 6:00 pm on the 27 th day of December until the day before school starts at 6:00 pm.

The exchange of EE will take place in Saskatoon, Saskatchewan. In even numbered years, Mr. Ekeberg will have EE for the entire Christmas break. EE will be exchanged in Saskatoon, Saskatchewan at 6:00 pm on the day after school is dismissed for the Christmas break and will be returned to Ms. Swan two days before school recommences. The return will be in Saskatoon, Saskatchewan at 6:00 pm. [ 6 ] EE will spend each Spring Break with his father.

He will be exchanged in Saskatoon, Saskatchewan at 6:00 pm on the Saturday after school is dismissed and will be returned to his mother in Saskatoon, Saskatchewan at 6:00 pm on the Saturday prior to school recommencing. [ 7 ] The Victoria Day long weekend will be apportioned in the same fashion as the Thanksgiving Day long weekend. Once again, the exchange will take place in Saskatoon, Saskatchewan. [ 8 ] When school is dismissed for the Summer of 2022, Mr. Ekeberg will have access to his son for six consecutive weeks beginning the Sunday evening of the first full week of the month of July.

At the completion of the sixth week, EE will be returned to his mother’s care. That will take place on the Sunday at 6:00 pm. The exchange will take place in Saskatoon, Saskatchewan. [ 9 ] The parties are at liberty to change the exchange location if they agree to do so for the sake of convenience or economics. [ 10 ] If Mr. Ekeberg is prepared to travel to Manitoba to visit EE, he can have access to EE on days that school is not in session as long as he provides Ms. Swan with two week’s notice of his intention to journey to Manitoba.

Such access, if it fell on a weekend would start at 9:00 am on the Saturday and end at 6:00 pm on the Sunday. If EE had any extracurricular activities scheduled in Manitoba for that period of time, Mr. Ekeberg would be responsible for seeing that he attends them. [ 11 ] Any other opportunities for Mr. Ekeberg to see his son that can be agreed upon by the parties is permissible. This is the basic framework for access that is in effect from the end of the month of September of 2021 going forward. It will have to be adjusted to fit within the

schedule for schooling in Manitoba. [ 12 ] Although Ms. Swan was successful in her mobility application, she will not be granted the costs she is requesting. For the past couple of years, Mr. Ekeberg has adjusted many of his activities to become more involved in his son’s life. He relocated from Lloydminster, Alberta to Sherwood Park, Alberta to be closer to him. One can understand why he resisted Ms. Swan’s request to move to Erikdale. His was not a spiteful application of resistance. Ms. Swan made no attempt to soften the blow by offering Mr. Ekeberg real access after a relocation.

In fact, she demanded that Mr. Ekeberg submit to drug and alcohol testing before access would be allowed. This request was denied by me. [ 13 ] In the circumstances, Ms. Swan will have costs in the sum of $1,000.00. Heard on the 27 th day of July, 2021. Dated at the City of Edmonton, Alberta this 22 nd day of September, 2021. Sterling M. Sanderman J.C.Q.B.A. Appearances: A.J. Mokelky, Revering Law Office for the Plaintiff

Lorraine M. Snyder, Skovberg Hinz for the Defendant