. J.F.A. and L.L.A. v. T.A.T. and E.D.T., 2018 BCPC 123

Citation: . J.F.A. and L.L.A. v. T.A.T. and E.D.T. 2018 BCPC 123 Date: 20180118 File No: 17205 Registry: Abbotsford IN THE PROVINCIAL COURT OF BRITISH COLUMBIA IN THE MATTER OF THE FAMILY LAW ACT , S.B.C. 2011 c. 25 BETWEEN: J. F. A. L.L. A. APPLICANTS AND: T.A.T. E.D.T. RESPONDENTS REASONS FOR JUDGMENT OF THE HONOURABLE JUDGE G.J. BROWN Appearing on their own behalf: The Applicants, by teleconference Appearing in person: T.T. Appearing in person: E.T. Place of Hearing: Abbotsford , B.C. Dates of Hearing: August 4, 22, September 22, October 18, 19, 20, December 1, 2017 Date of Judgment: January 18, 2018

[ 1 ] These are my reasons for judgment in the matter of A. et al versus T. et al, file number 17205. INTRODUCTION [ 2 ] This hearing is about two 15-year-old twin girls named J.T. and R.T. They have been living in Abbotsford with their mother, T.T., for many years now and they previously saw their father, E.T., on weekends but have spent much less time with him, until recently. [ 3 ] These girls would also spend part of their spring and summer holidays with the paternal side of the family in Pritchard, but again these visits have more recently diminished.

The visits to the Pritchard area did include time with the girls' paternal aunt and uncle, who are L.A. and F.A. [ 4 ] L.A. and F.A. have brought an application for primary residence of the girls and all parental responsibilities. They care deeply for their nieces and are very concerned that the girls are not thriving with their mother. The girls have hardly attended school at all in the recent past due to their anxiety, and the A.’s believe that the children's needs are not being met.

Furthermore, they remain very distressed by the denial of parenting time to the father and the paternal side of the family. [ 5 ] For her part, T.T. says that the girls' problem with school attendance is their anxiety, and the paternal side of the family has only recently recognized the issue. T.T. feels she is doing her best to address the anxiety, and she points out that J.T. and R.T. are good girls with full lives notwithstanding the anxiety issue. T.T. also indicates that the girls do not wish to move to the Interior to live with their aunt and uncle.

I should add that the father does not have the resources at this time to care for the girls himself on a full-time basis. [ 6 ] I must decide whether or not to grant the application of L.A. and F.A based on the best interests of the two girls. BACKGROUND [ 7 ] T.T. and E.T. married in 1999 and had three children together, although their son died when the twin girls were only five months old. Both parents struggled with addiction and they ultimately separated in November of 2006. For a few months following separation, the girls lived with their paternal grandmother in Pritchard while T.T. became clean and sober.

The children moved in with their mother in Abbotsford. Sometime later, E.T. went through drug treatment and then he began having more regular visits with the girls. [ 8 ] The girls usually spent holiday time with the paternal grandmother in Pritchard and the father, aunt and uncle would also spend time with the girls. In 2016, the girls went on a two-week camping trip with the A.’s and they attended a weeklong Bible camp as camp leaders during the summer holidays.

Also, in 2016, the girls spent time over Christmas with their dad and the paternal family, but the paternal family has not seen the girls since that time until this Christmas of 2017. ORDERS AND AGREEMENTS [ 9 ] All four parties reached an agreement in mediation on June 24, 2016, which was filed in court on September 26, 2016. T.T. and E.T. were made guardians but there were very specific clauses requiring the children to attend school and the production of a medical note if school were missed.

The clauses included specific wording that the girls were to complete a certain amount of math and English; also, E.T. was to see the children every other weekend and extended family contact time was set out. [ 10 ] Based on the evidence I have heard, I have some impression that T.T. simply agreed to the above terms to get the other parties "off her back". In any event, applications were filed by the paternal side to enforce or vary the agreement shortly after it was filed in court.

The concerns were poor school attendance and diminished parenting time. [ 11 ] On October 18 and December 16, 2016, I granted orders with the aim of monitoring the children's school attendance and the parenting time. I also ordered a s. 211 report. [ 12 ] On March 23, 2017, I granted E.T.

Sunday parenting time. [ 13 ] On June 2, 2017, I required T.T. to pay $1,000 for wrongfully denying the parenting time. [ 14 ] I also made an order requiring T.T. to write a letter to J.T.'s psychiatrist entitling E.T. to speak directly to the psychiatrist. [ 15 ] On August 4, 2017, I ordered, amongst other things, that the trial may include a show cause hearing requiring T.T. to explain her non-compliance in providing E.T. with parenting time. I also required that the father, aunt and uncle have parenting time for the purposes of the preparation of the s. 211 report, and this order was not complied with by T.T.

T.T. said that J.T.'s counsellor wanted J.T. to first learn some coping strategies to help with her anxiety. THE

SECTION 211 REPORT [ 16 ] J.A., a family justice counsellor, prepared a s. 211 report in this matter. It is a less than complete report because, as discussed above, T.T. declined to arrange opportunities for J.A. to observe the girls with their dad, aunt or uncle. [ 17 ] The girls are described as follows at page 4 of the report: Although J.T. and R.T. are 15 years old, they present emotionally and socially as being much younger and have not developed individual life experiences separate from each other.

They are described by all the adults in their life as polite, compliant girls who are not interested in make-up or the latest fashions. They do not participate in any activities outside of school and enjoy indoor activities at

home like reading, listening to music or making videos on their phones. [ 18 ] The mother initiated sessions with the psychiatrist for the girls in 2016 but J.T. now sees a therapist, Ms. H., to help her develop coping strategies to decrease her anxiety so she can hopefully attend school. [ 19 ] J.A. acknowledges that poor school attendance is the main source of conflict between the parties. She summarized the attendance issue as follows at page 5: In Grades 6 and 7, the girls missed 50 percent of the school year. In Grade 8, they missed 70 percent. In Grade 9, they missed 77 percent of the school year.

Both girls spoke of positive experiences attending the same elementary school in Chilliwack from kindergarten to Grade 5. J.T. spoke of having many friends and enjoying playing volleyball. From Grade 6 to Grade 9, the girls attended five different schools. J.T. and R.T. were enrolled in [omitted for publishing] Centre, an alternative school, in Grade 9 and they reported it was easier for them than attending a regular high school, although they have found it difficult to make new friends.

Both girls reported feeling overwhelmed at times and appreciated that they are able to leave the classroom to go speak with a teacher in a resource room. They attended counselling with a school counsellor but missed several appointments with her because of their lack of attendance and, in February of 2017, an educational plan was made for J.T. to attend only half-days. Teachers were unable to give either girl a proper evaluation due to their lack of attendance.

As of the last week of September, R.T. had attended school once and J.T. had not attended at all. [ 20 ] Insofar as the views of the children are concerned, the s. 211 reporter states that R.T. misses her dad and wants to see him but is worried about him being mad, as it has been so long. I would note that the girls did see their father over this last Christmas without any difficulty. R.T. feels her mom is really kind and she trusts her. Although R.T. likes visiting her aunt and uncle, she does not want to live with them because she likes living with her mom.

She wants court to be resolved so it would be a lot easier to visit the paternal side of the family. [ 21 ] J.T. told the s. 211 reporter that she had anxiety which manifests itself by her feeling overwhelmed at times. She is developing coping strategies with her counsellor, Ms. H. J.T. said she had mixed emotions spending time with her aunt and uncle in the summer of 2016. She had a lot of fun but felt stressed when comments were made about her missing school. She also said her dad can get angry about her missing school. She would like to build up to seeing her dad on alternate weekends again.

J.T. knows her Aunt, L.A. wants primary care of her and her sister and says, "She's doing it because she loves us but I don't want to live with them." [ 22 ] The s. 211 report goes on to provide a brief parental capacity assessment for each party. I will not address E.T., as he is supporting the aunt and uncle. Insofar as the aunt and uncle are concerned, they have a spacious, immaculate home in Kamloops; they have a blended family of three adult children and five grandchildren. Both L.A. and F.A. felt they were able to provide enough support to the girls to help them through their anxieties.

They would enrol the girls in TREK, an alternative high school in the Kamloops area. [ 23 ] T.T. had been a stay-at-home mother until she recently began work as a flagger. She now lives with her boyfriend, K., and his 15-year-old daughter, R. The three girls have their own bedrooms. J.A. also makes these comments about the mother: It appears T.T. has struggled to meet the psychological needs of R.T. and J.T. Attempts to connect them with ongoing therapy with a psychiatrist and school counsellor were unsuccessful and it was over a year following the mediation that the girls started seeing their present counsellor.

T.T. has been fined for denying E.T.'s parenting time and asserts she is only looking out for the girls' best interests. And although she made efforts to book appointment times for me to observe the girls with E.T., it did not happen, despite having offered various flexible times and dates. [ 24 ] The s. 211 report concludes with the following recommendations: The girls are closely aligned with their mom and seem to view L.A. and F.A.’s application to court as both an attack on their mom and a possibility of an abrupt change in their lives, which is difficult for them to comprehend.

For the first summer in their memory, they did not go to stay with their paternal grandmother in Pritchard this summer because they were worried about seeing their aunt and uncle. L.A. and F.A. appear genuinely motivated and invested with the hope of improving the well-being of their nieces. If J.T. and R.T. did live with L.A. and F.A., I believe they would be well-supported and given educational, recreational and therapeutic opportunities.

However, R.T. and J.T. are 15 years old and have both clearly stated that they love their aunt and uncle but do not want to live with them in Kamloops so this may be a difficult transition for them and it is difficult to say how that may impact their mental health. If the girls remain in the primary care of their mom, counselling should continue for them and, in conjunction, T.T. should also attend family therapy individually to help her support J.T. and R.T.'s mental health.

E.T. and T.T. should share all parental responsibilities and, if they disagree on an issue, should seek mediation through the family justice centre. An immediate goal should be the resumption of regular contact between the girls and L.A., F.A. and their paternal grandmother, as well as the court-ordered scheduled parenting time with their dad. Now that T.T. and E.T. live within walking distance and they both live close to the Abbotsford Leisure Centre, additional parenting time should be extended to T.T. to help the girls expand their outdoor activities, which was a goal expressed by J.T.

DIMINISHED PARENTING TIME AND CONTACT TIME WITH THE PARENTAL SIDE OF THE FAMILY [ 25 ] It appears that T.T. has a history of either denying or restricting the parenting time of the other parent of her children. In the fall of 2001, she had a daughter named C.M L. with D.L. By order of Mr. Justice Slade granted October 25, 2001, the father was granted sole custody of C.M.L. based on the fact that T.T. had removed her daughter from B.C. and denied the father parenting time.

[ 26 ] Although E.T. has enjoyed some quality parenting time with J.T. and R.T., his parenting time in recent years has been very limited. In 2015, E.T. saw the girls about once per month for a total of only 24 days of the year. In an email in August of 2015, T.T. agreed to provide the father with visits every other weekend but that never came to fruition. [ 27 ] In 2016, E.T. only saw the girls 17 days.

T.T. sometimes did not communicate a reason for a missed visit and other times the reasons included sickness, anxiety and the children being upset about court issues. [ 28 ] On October 11, 2016, I did order that T.T. encourage the children to attend parenting time with their father, and I required that one child still be present for the parenting time if the other child was unable to attend. [ 29 ] On December 16, 2016, I ordered that E.T. would have parenting time over Christmas at the home of the paternal grandmother in Pritchard, B.C., and that visit did occur. [ 30 ] The year of 2017 was particularly problematic.

E.T. and the A.s did not visit the girls at all that year until Christmastime. Often, T.T. did not communicate why the girls did not attend the parenting time and, on several occasions, T.T. claimed that the girls did not want to attend.

I do know from the s. 211 report that the girls appeared reluctant to visit the paternal side of the family until court matters were resolved. [ 31 ] I attempted to re-ignite the father's parenting time by order of March 23, 2017, which required the children to see E.T. each Sunday. [ 32 ] On June 2, 2017, I was satisfied that the father was wrongfully being denied parenting time and I ordered T.T. to pay $1,000 to E.T. [ 33 ] On August 4, 2017, I further ordered that the father, aunt and uncle have parenting time for purposes of the s. 211 report and that did not occur.

As previously discussed, T.T. was told by J.T.'s counsellor to delay visits until J.T. had learned some coping strategies. The counsellor, Ms. H., was of the view that the girls' avoidance of their father was related to severe anxiety and that pushing the girls into situations was not helpful. She is not an expert but I do put some weight on the therapist's clinical observations. [ 34 ] E.T. did visit with the girls over Christmas of 2017 while the girls were in Pritchard between December 27, 2017 and January 5, 2018. L.A. and F.A. were present for much of the visit.

According to L.A., the girls greeted them with smiles and hugs and there were no signs of anxiety. The girls went to a Jumanji movie without any inhibition. L.A. was bewildered by the fact that no one up in Pritchard saw the anxiety levels described by the counsellor and T.T. The girls felt comfortable and supported in the care of the paternal side of the family. According to T.T., J.T. had sent a text during Christmas suggesting she was uncomfortable at times. T.T. has also advised me that J.T. appears to be doing better now on her Prozac prescription. E.T. also saw the girls this last Sunday.

THE GIRLS' ANXIETY AND SCHOOL ATTENDANCE [ 35 ] One of the major issues in this case is the girls' poor school attendance. From kindergarten to Grade 5, they appeared to have a fairly normal school experience but from Grade 6 onwards, school attendance declined to a point where it is now almost non-existent. [ 36 ] In 2013/14 when the girls started Grade 6, J.T. was absent 59-and-a-half days and R.T. was absent 60-and-a-half days.

No grades were assigned to the girls. [ 37 ] In Grade 7, J.T. missed 52 days at [omitted for publishing] Elementary and 32 days at [omitted for publishing] School and R.T. missed about the same number of days. Again, they received no credit or grades for any courses. [ 38 ] In Grade 8, the girls were enrolled at [omitted for publishing] and [omitted for publishing] School and each girl was absent about 130 days. They failed all courses. The reasons for the absences ranged from illness and menstrual cramps to waking up late and generally being upset.

E.T. was concerned that T.T. had not raised anxiety as a reason for the absences until well into the 2016 year. The vice-principal of [omitted for publishing] and [omitted for publishing] School wrote a letter on November 23, 2015, expressing concern about the girls' tardiness and absences. The principal wrote an email on September 12, 2016, indicating the girls had missed close to 70 percent of their Grade 8 year. [ 39 ] C.S. was a cultural support worker for the girls in Grade 8. She was able to assist because the girls had Aboriginal heritage on the paternal side.

In her discussions with T.T., the reasons for the absences were said to be not only illness but anxiety. C.S. tried to work on skills with the girls to bring the anxiety down. The girls usually worked outside the classroom in a "bases room" when they did attend school. [ 40 ] For Grade 9, the plan was for the girls to go to an alternative school, [omitted for publishing]. T.T. also claims that the girls were denied youth mental health services because they were not suicidal. [ 41 ] E.T. and the A.’s became so concerned about the attendance issue that they commenced court proceedings in Provincial Court.

As previously mentioned, a mediation agreement was executed on June 24, 2016, and that agreement contained specific terms to promote the girls' attendance at [omitted for publishing] School in Abbotsford for the beginning of September 2016. Unfortunately, the girls' attendance did not improve at [omitted for publishing] School for their Grade 9 year. [ 42 ] Ms. S.G. was the case manager for the girls. She wrote a letter on June 26, 2017, indicating that regular attendance for J.T. had been a struggle and that poor attendance had affected her academic and social progress.

J.T. was to meet regularly with the school therapist but her poor attendance prevented any progress in that regard. E.T. was aware that T.T. had arranged for a psychiatrist for J.T., but he asserts that T.T. set up roadblocks preventing him from communicating with the psychiatrist. [ 43 ] Overall, J.T. missed over 86 days in Grade 9 and she could not be given a proper evaluation for her courses. Ms. S.G. did observe that J.T. showed more anxiety than her sister. R.T. missed over 74 days in Grade 9 and also could not be properly evaluated,

although she did get a C-plus in art and she passed physical education. [ 44 ] According to T.T., she has been trying to deal with the girls' anxiety for roughly the last two years. She has privately retained the therapist, Ms. H., to work with the girls since June of 2017. Ms. H. wrote a letter dated November 30, 2017, which indicates two goals for the girls: number one, to re-engage J.T. and R.T. in the education system; number two, to support the relationship between the girls and their father. [ 45 ] J.T. is Ms.

H.'s primary client and she has been working with her since June 27, 2017, and has completed 12 sessions. R.T. is now scheduled for ongoing bi-weekly sessions. Ms. H. also met with E.T. to express the girls' concerns. Again, I am puzzled about how easily the girls saw their father over Christmas yet the girls have expressed to Ms. H. reluctance to see their father. Their concern is that he will lecture them about "educational avoidance". [ 46 ] Even Ms.

H. writes that T.T. has struggled with how to support the girls with their mental health but, through trial and error, it has been learned that forcing the girls into situations is not helpful. According to Ms. H., J.T.'s anxiety can present as severe sleep disturbances, shortness of breath and even an almost catatonic state. J.T. is very self-critical and has been bullied in the past. [ 47 ] J.T. is now attending the Reach 2 program at [omitted for publishing] School and R.T. attends a different alternative program at [omitted for publishing] School.

Poor attendance is still an issue but the therapist has had a team meeting with the school. [ 48 ] According to T.T., although the girls suffer from anxiety, they are good kids who are not involved with inappropriate peers, drugs or sexual activity. J.T. has severe social anxiety and she now takes Prozac. She likes walking the dog but she will only do that activity with her mother. She gets along with other girls such as H., M. and her step-sister. [ 49 ] According to T.T., R.T. exhibits less anxiety and has had greater difficulty accepting a therapist. She is involved with the [omitted for publishing].

R.T. has issues with school attendance because she follows her sister. [ 50 ] Both girls like to make short films using music and they do carry out household chores. THE A.’S PLAN FOR THE GIRLS [ 51 ] With the support of the father, L.A. and F.A. seek to be the primary caregivers for the twin 15-year-old girls. The paternal side of the family has seen a decline in the girls' schooling and general well-being in the last two to four years, and they believe they can provide an environment where the girls can succeed and even graduate.

The A.’s have raised three children of their own and these children have successful careers. When the girls have visited the A.’s, the aunt and uncle have always set reasonable expectations for the girls, such as setting the table and helping with dishes. The girls have also been able to form relationships with others in the Kamloops area. [ 52 ] L.A. believes she can reduce the girls' anxiety by telling them in advance of any big plans. She is concerned that T.T. feeds into the girls' anxiety, and she is also worried that T.T. has moved many times and changed the girls' school seven times in 10 years.

She also pointed out that T.T. has frustrated the father's visits and she is non-compliant with court orders. [ 53 ] Overall, the A.s want the twins to have an opportunity to thrive and to become the best they can be. The plan would be for the girls to attend an alternative school in the Kamloops area. They would live with the A.’s and spend one weekend per month, alternating between the parents in the Lower Mainland.

L.A. expressed disappointment that T.T. had waited far too long to take proactive steps to address the girls' mental health. [ 54 ] The A.’s appreciate that the girls are not consenting to their application, but they say the girls are emotionally immature and do not know what is truly best for them. [ 55 ] For her part, T.T. indicates that she has done the best she could for her girls and treating anxiety is sometimes a painfully slow process; however, these girls are sweet, talented young women with hearts of gold.

They have lived with her for 15 years, and a move to the aunt and uncle would be highly disruptive and contrary to the girls' wishes. She also led evidence from A.D, a good friend, who is also a registered foster parent. WHAT IS IN THE GIRLS' BEST INTERESTS? [ 56 ] The court is only concerned about the best interests of J.T. and R.T. with the considerations set out in s. 37 of the Family Law Act . I want to say at the outset that I am satisfied that the application by the aunt and uncle is well-motivated with the goal to improve the lives of these 15-year-old twins.

L.A. and F.A. are legitimately concerned about the girls' poor success in school, as well as the reduced visitation with the paternal side of the family. [ 57 ] I am also satisfied that L.A. and F.A. have complied with all the prerequisites set out in s. 51 of the Family Law Act and Rule 18.1. There is no doubt that the aunt and uncle have the ability to provide the girls with a loving, stable home in the Kamloops area.

Of course, the lack of the girls' approval to the A.’s application is an obstacle under s. 51(4) of the FLA and I will address that obstacle below. [ 58 ] I will further say that, while biological lineage is an important fact which must be considered seriously, it does not deposit a "super fact" on the side of the natural mother requiring the aunt and uncle to marshal proof which must impugn the parenting capacity of the mother such that placement with the mother puts the girls at peril. (See Judge Woods' comments at paragraph 21 and following of W.M.W. and K.C.M. v.

J.W. and M.M. , [2011] BCPC 360.) [ 59 ] Having said all of the above, I am concerned that the application by the aunt and uncle will, by necessity, require the girls to undergo a difficult transition which is contrary to their own wishes.

[ 60 ] I accept that J.T. and R.T. are not typical teenagers, but they are now 15 years old and they trust their mother and want to continue living with her. As stated in the s. 211 report, not only would a transition to the aunt and uncle be difficult, it could well impact the girls' mental health. [ 61 ] In my view, the actions taken by the aunt and uncle have forced the mother to be a more effective parent. From the time of the mediation agreement onwards, increasing pressure has been put on T.T. to better address the girls' anxiety and resulting poor school attendance.

I do find that the girls' anxiety is a barrier to them attending school and to them seeing their father more regularly. The anxiety is not only observed by T.T. but also the therapist, Ms. H. Moreover, both girls describe feelings of anxiety at pages 6 and 7 of the s. 211 report. I am pleased to see that the girls exhibited little anxiety during the recent Christmas visit with the paternal side of the family, but they were on holidays without the usual pressures of school life. [ 62 ] Although the girls' anxiety is a barrier for them, it is not their only barrier.

For much of the time, T.T. has been less than effective in addressing both the anxiety and the poor school attendance. I commend her for retaining the services of a therapist but she only did that in June of 2017. The difficulties getting the girls to school started over three years ago but other than a brief interaction with a psychiatrist, little has been accomplished. When I reviewed the written material, I was struck by the number of poor excuses for missing school (for example, sleeping in) and I was struck by the number of times no excuse was even provided to the school.

As well, school plans were conceived and reviewed yet they all had little success. At this time, the girls are not on a trajectory to graduate with a Dogwood certificate. [ 63 ] I have little doubt that the girls' anxiety is a daunting issue for the mother and some trial and error is inevitable. However, the mother has taken few tangible steps until recently and the result is that the girls have experienced years of difficulty in school. Nevertheless, as I stated above, the mother now has taken the very good step of retaining a therapist for the girls.

The A.’s application may have been the impetus for taking this step but it was the right step to take. The therapist's goal is to improve school attendance and to better the girls' relationship with their father. I am hopeful that school attendance will improve this term as a result of the therapist's work. [ 64 ] In any event, I am not prepared at this juncture to remove the girls from their mother and supports, such as the therapist, so as to have the girls live in a home where they do not want to be.

The recent Christmas visit to Pritchard was a good one, but a visit is entirely different than a permanent living arrangement. These girls do not want to live with their aunt and uncle and, in fact, they appear to be more at ease with visits once this court case is completed. [ 65 ] I also take into account that the twins are "good girls", as described by T.T.

In spite of the anxiety issue, they enjoy their home life and are not engaged in the risk-taking behaviours we see so often in troubled youth. [ 66 ] Although I will be dismissing the A.’s application, I remain concerned by the lack of visits with the paternal side of the family. It appears that T.T. only follows court orders when it suits her, although she has used their girls' anxiety as justification. Again, I accept that anxiety is a real barrier but I am also aware that the girls had absolutely no difficulty seeing the father's side of the family this Christmas for an extended period.

I have had to fine T.T. once for denial of parenting time and I propose to make an order which hopefully ensures that the father's parenting time is fully re-established. [ 67 ] I have reviewed the mediation agreement filed in this proceeding. It provides that both Mr. and T.T. are guardians sharing parental responsibilities.

It also provides that E.T. shall have parenting time every other weekend, and it further provides for extended family contact time and adventure day camps in the summer. [ 68 ] To ensure parenting time and contact time continues, I am going to make the following order: In the event there is a denial of E.T.'s parenting time or the A.’s contact time as set out in the agreement filed September 26, 2016, T.T. must show cause why a fine under s. 61(2)(

g) shall not be made or why any other remedy under s. 61 or s. 231 shall not be made. [ 69 ] Judge Brown will remain seized of any such application. [ 70 ] I am going to make this further order: E.T.'s alternating weekend visits, as stipulated in the agreement filed September 26, 2016, shall commence Friday, January 26, 2018, and continue every second weekend thereafter. These visits shall commence Friday evening and end Sunday evening. [ 71 ] The application filed by L. A. and F.A. is dismissed. (DISCUSSION) [ 72 ] THE COURT: Okay.

I will simply order this: Clause 5 of the agreement filed September 26, 2016, is deleted and T.T. and E.T. will communicate with one another on Fridays. [ 73 ] T.T.: I don't know. Do we need to have a specific day or -- [ 74 ] THE COURT: Or once per week. [ 75 ] T.T.: Yeah, once per week. [ 76 ] E.T.: I think once, yeah. [ 77 ] THE COURT: Okay. E.T. and T.T. will communicate at least once per week about issues related to the children. I am just going to leave it at that. [ 78 ] THE CLERK: And that's an order, Your Honour?

[ 79 ] THE COURT: That is an order, yes. (DISCUSSION) [ 80 ] THE COURT: Okay. I am going to make one further order: Clause 3(

b) on page 2 of the agreement filed September 26, 2016, shall be deleted, but T.T. will address the children's school attendance through the assistance of the therapist, Ms. H. G.J. BROWN Provincial Court Judge