N.R.G. v. G.R.G., 2017 BCSC 2130

IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: N.R.G. v. G.R.G., 2017 BCSC 2130 Date: 20171120 Docket: 13-1789 Registry: Victoria Between: N.R.G. Claimant And: G.R.G. Respondent Before: The Honourable Mr. Justice Kent Reasons for Judgment Claimant appearing on her own behalf: N.R.G. Respondent appearing on his own behalf: G.R.G. Place and Date of Hearing: Victoria, B.C. November 20, 2017 Place and Date of Judgment: Victoria, B.C. November 20, 2017 [ 1 ] The parties appeared before me today for the hearing of the claimant mother's application filed August 16, 2017.

Both appeared without lawyers. [ 2 ] This has been a very lengthy, high conflict matrimonial proceeding. Many different judges have been involved and many different orders have been granted over the years. A trial was held in May 2015, yet the acrimonious warfare between the parties has continued unabated. [ 3 ] Appeals were filed of two of the orders made subsequent to trial and issued June 15, 2016 and May 10, 2017 respectively.

The hearing of those appeals took place before the Court of Appeal on October 11, 2017 at which time judgment was reserved but certain interim orders were made respecting parenting time and the activities of the five children of the marriage. [ 4 ] On her application today, the mother seeks: 1) variation of previous spousal and child support orders and termination of all support payable by her; 2) immediate updated production by the father of financial and employment information; 3) directions respecting the payment of parenting coordinator fees; 4) deletion of both parents' signature signatures on school activity consent forms; and 5) a declaration that the father's disrespectful communications with third parties amounts to emotional abuse which must immediately cease. [ 5 ] In support of her application the mother filed three affidavits sworn August 16, September 6, and November 15, 2017 respectively.

She also filed an updated Financial Statement dated August 29, 2017. [ 6 ] Although it was not set out in her Notice of Application, the mother also seeks various directions to clarify and facilitate the enforcement proceedings undertaken by the Family Maintenance Enforcement Program of B.C. [ 7 ] The father filed no Response to the application. Nor did he file any affidavit evidence.

The reason became clear during the course of his oral submissions to the Court. [ 8 ] During his oral submissions, the father presented the Court with a number of documents including an unsworn financial statement, a letter from the FoodBank confirming the number of times he has used their services, a termination notice from his employer ("due to continued family demands and court proceedings"), and a letter from his current landlord terminating his lease effective

November 30, 2017 for non-payment of rent. [ 9 ] The mother (quite rightly) protested that none of this material is in proper affidavit form, and that it is provided outside the time limits required by the Rules of Court. Her objections faded away, however, once the father presented to the Court a written "Statement of Surrender".

He says it is "the most painful and sorrowful decision [he has] had to make in [his] life." However, he is "convinced it is in the best interest of my daughters to not have them continue to experience the dysfunctional dynamics which every indication has confirmed will be ongoing between their mother and me despite any type of intervention including the Courts". [ 10 ] The father advised the Court that "in the hopes of permanently ending the ongoing conflict" between the parties, he has decided to grant the mother full custody and parental responsibility "for all five children".

In court, he read out loud the notes he has already given each of his children advising them of his decision to leave. He has already arranged for the children's belongings to be delivered to the mother's house tomorrow afternoon. He will be returning to Michigan, USA later this week. [ 11 ] The Court explained to the father that "surrendering" the children to their mother does not eliminate his legal obligation to provide financial support for the children.

After some discussion before the court, both parties agreed: 1) all claims for spousal support are being waived and all orders made in that regard to date are to be vacated; 2) FMEP is to be directed to cease all further enforcement proceedings, to vacate whatever collection steps have been taken to date including the Notice of Attachment dated October 17, 2017 issued to the federal government; 3) all claims for child support are being waived and all orders for child support to date are to be vacated; and 4) while the mother was not formally releasing all claims for child support in the future, it is her expectation that the father will make some contribution towards the support of the children when and if he returns to financial health and particularly insofar as the costs of any post secondary education may be concerned. [ 12 ] The Court is satisfied that the father's decision is fully informed and is carefully considered.

It is clear he still intends to have some contact with the children in the future.

Given the ceaseless acrimony and dysfunction that has been inflicted on the family to date, I have no hesitation in concluding that granting the mother sole custody is in the best interests of the children. [ 13 ] I therefore make the following orders: 1) except for the order for divorce granted June 19, 2015, all previous orders of this Court are no longer of any further force or effect; 2) effective immediately N.R.G. shall have sole custody of the children of the marriage, S.R.G., born August 5, 2001 T.K.G., born June 26, 2003 A.M.G., born January 16, 2006 N.H.G., born August 26, 2009 A.R.G., born August 26, 2009 (the "children"); 3) subject to approval first being obtained from the mother, G.R.G. shall have reasonable access to and contact with the children in such fashion as the parties may agree; 4) without limiting all rights that she possesses under the Divorce Act , as the parent with sole custody of the children, the mother shall have all of the parental responsibilities set out in s. 41 of the Family Law Act , including,

a) making day-to-day decisions affecting the children and having day-to-day care, control and supervision of them;

b) making decisions respecting the children's education and participation in extracurricular activities, including the nature, extent and location;

c) making decisions respecting the children's cultural, linguistic, religious and spiritual upbringing and heritage;

d) subject to s. 17 of the Infants' Act , giving, refusing or withdrawing consent to medical, dental and other health-related treatments for the children;

e) applying for a passport, license, permit, benefit, privilege or other thing for the children;

f) giving, refusing or withdrawing consent for the children, if consent is required;

g) receiving and responding to any notice that a parent is entitled or required by law to receive;

h) requesting and receiving from third parties health, education or other information respecting the children; and generally

i) exercising any and all other responsibilities reasonably necessary to nurture the children's development, security and well-being;

5) all previous orders for the payment of spousal support are vacated and any arrears of such support as may exist up to the present time are cancelled including any fees and interest that may have accrued thereon; 6) all previous orders for the payment of child support are vacated and any arrears of such support as may exist up to the present time are cancelled including any fees and interest that may have accrued thereon; 7) the director of Family Maintenance Enforcement shall cease all enforcement or collection proceedings against the claimant and respondent that have been instituted to date, will treat all accounts for all maintenance or other claims between the parties as having a zero balance to reflect cancellation of all arrears, fees and interest otherwise due, and shall withdraw any notices of attachment that may have been issued to third parties including, without limitation the notice of attachment dated October 17, 2017 directed to her Majesty the Queen in right of Canada; 8) the father shall not be required to pay child support at the present time, however the mother is granted liberty to apply for child support in the future should the father's finances permit and the circumstances warrant; 9) the father will immediately surrender the children's Canadian and US passports to the clerk of the court, and the same shall be released to the mother as soon as reasonably possible; 10) this order is to be prepared by the registrar and may be issued without first securing the parties' approval as to form; and 11) no award of costs is made to either party.

"KENT J."