RB Applicant And: AH Respondent, 2019 NLSC 103

court crest IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR FAMILY DIVISION Citation: RB v. AH, 2019 NLSC 103 Date: May 17, 2019 Docket: 201602F1000 Between: RB Applicant And: AH Respondent Before: Justice Alexander MacDonald Place of Hearing: St. John’s, Newfoundland and Labrador Date of Hearing: March 25, 26 and 27, 2018 Appearances: Benjamin P. Curties Appearing on behalf of the Applicant AH Self Represented Authorities Cited: CASES CONSIDERED: Pumphrey v. Pumphrey (1997), (NL CA), 148 Nfld. & P.E.I.R. 340, 29 R.F.L. (4th) 283(Nfld. C.A.); R.(F.F.) v. F.(K.) 2013 NLCA 8; Carter v.

Brooks (1990), (ON CA), 30 R.F.L. (3d) 53, 77 D.L.R. (4th)45 (Ont. C.A.); MacDonald v. MacDonald (1998), (NL CA), 161 Nfld. & P.E.I.R. 39, 36 R.F.L. (4th) 257 (Nfld.C.A.) STATUTES CONSIDERED: Children’s Law Act, R.S.N.L 1990, c. C-13

RULES CONSIDERED: Child Support Guidelines Regulations, Newfoundland Labrador Regulation , 40/98 REASONS FOR JUDGMENT MACDONALD, J. : INTRODUCTION [1] GH is the son of RB and AH. He is two and a half-years-old. [2] GH lives with both his mother and his father as I ordered on December 6, 2018. His parents completed the transition period set out in the order. [3] Prior to February 2, 2019, he spent less than 40 percent of his time with his father.

At the completion of the ordered transition, he spends more than 40 percent of his time with each parent. [4] RB parents him on Saturday from 8:30 a.m. - Sunday 8:30 a.m., Tuesday 5:30 p.m. - Wednesday 5:30 p.m. and Thursday 8:30 a.m. - Friday 8:30 a.m. He spends the remainder of the time with his mother. He thus has three days and overnights with his father, and four days and overnights with his mother. [5] RB now seeks shared and equal parenting. He proposes an alternating weekly schedule. AH disagrees. She believes the existing

schedule should continue and, if anything, GH should spend one less night with his father. [6] AH also seeks both retroactive and go forward child support and a contribution to

section 7 expenses. [7] I am to decide what: (

a) parenting order is in GH’s best interests; (

b) amount of basic child support and

section 7 expenses that RB should pay AH until January 31, 2019; and (

c) amount of basic child support and

section 7 expenses should the parents pay each other from February 1, 2019. [8] I order that the parents continue with the existing parenting

schedule until August 16, 2021, the month before GH turns five. At that time, the parents shall share parenting on a 2-2-3 rotation. [9] I order that RB pay AH $1,523.50 in retroactive child support and

section 7 expenses. The parents shall fully offset this amount against any unpaid amounts for costs due from AH under my orders of October, 29, 2018 and November 27, 2018. [10] Starting on February 1, 2019, the parents shall pay each other basic child support provided for under the Child Support Guidelines Regulations, Newfoundland Labrador Regulation , 40/98 (“ Regulations ”) based on their 2018 Canada Revenue Agency (“CRA”) line 150 incomes less union dues, and shall share

section 7 expenses in proportion to their incomes after tax and insurance. [11] Starting on June 1, 2020, the parents shall annually recalculate their basic child support and their sharing percentage of

section 7 expenses using their previous year’s incomes. [12] I will now discuss why I made these decisions. DISCUSSION WHAT PARENTING ORDER IS IN GH’S BEST INTERESTS? [13] I find that it is in GH’s best interest for his parents to maintain the current parenting

schedule until he is older. On August 16, 2021, the month before GH turns five, his parents shall implement the parenting

schedule described in paragraph 8 of the parenting order attached to this judgment. [14] GH’s current parenting arrangements are in my decision of December 6, 2018. It provided for a gradual transition to shared parenting, which is now complete. The parents testified that they operate under this schedule. [15] At trial, RB asked me to order parenting on a 50/50 basis. He proposes a two-week alternating

schedule as set in Table 1: Table 1: RB’s Proposed Parenting

Schedule [1]

Sunday Monday Tuesday Wednesday Thursday Friday Saturday M M/F F/M M/F F/M M/F FF/M M M/F F/M M/F F/M M [16] Although AH supports RB seeing his son as much as possible, she opposes any changes to parenting. She has no issue inprinciple to 50/50 parenting, but shebelieves that AH is too young for this to occur. She asks that I delay changes to the parenting

schedule until he is older. If I were to makea change, she proposes that I order that GH spend one less overnight a week with his father. [17] The current order is an interim one. I made a decision on the interim application on a

summary basis on affidavit of evidence. [18] The Court of Appeal in Pumphrey v. Pumphrey (1997), (NL CA), 148 Nfld. & P.E.I.R. 340, 29 R.F.L.(4th) 283 (Nfld. C.A.), observed that interim orders cover the time between the application and the trial. Interim orders provide areasonably acceptable solution to a difficult problem until the trial. However, after full investigation of the facts, I can make acompletely different decision. [19]

Section 31 of the Children’s Law Act, R.S.N.L 1990, c. C-13, compels me to consider GH’s best interests. In this trial, Iconducted a fresh inquiry and I considered the factors set out in subsection 2. There is no presumption in favour of the status quo. R.(F.F.) v. F.(K.), 2013 NLCA 8. Both parents must provide evidence of GH’s best interests. Carter v. Brooks (1990), (ON CA), 30 R.F.L. (3d) 53, 77 D.L.R. (4th) 45 (Ont. C.A.). [20]

Section 26 of the Children’s Law Act provides that RB and AH are equally entitled to custody of GH. However, there is nopresumption for joint custody and equal sharing of parenting. The Court of Appeal rejected this proposition in Pumphrey in the divorcecontext and in MacDonald v. MacDonald (1998), (NL CA), 161 Nfld. & P.E.I.R. 39, 36 R.F.L. (4th) 257 (Nfld. C.A)in the Children’s Law Act context. [21] I have considered the entire documentary and affidavit evidence filed in the interim application. I have also considered thetestimony of both parents at trial. The parents disagree on little.

They agree that it is in GH’s best interest to spend time with bothparents. Both are generally satisfied with the current order. [22] The issue centers on mom’s concern that GH is having some difficulties adjusting to the new

schedule and this is disrupting hissleep. RB says he sees no evidence of this disruption. [23] I heard nothing in this trial to indicate that I should make changes to the current order. I believe it is in GH’s best interest tocontinue the current parenting order until he is older. [24] GH will turn five in September 2021. I find it would be in his best interest that his parents transition to 50/50 parenting themonth before, being August 16, 2021.

I consider the appropriate parenting order for these parents to then be a 2-2-3 schedule, asdescribed in paragraph 8 of the parenting order attached to this judgment. [25] These parents have settled into co-parenting. Given the past confrontational nature of their relationship, I believe that they havethe potential to be high conflict parents. Accordingly, I will make the attached parenting order. The parents can consider this order arulebook. The parents shall follow this rulebook precisely unless they agree otherwise in writing. [26] I will now turn to the issue of child support.

WHAT AMOUNT OF BASIC CHILD SUPPORT AND

SECTION 7 EXPENSES SHOULD RB PAY AH UNTIL JANUARY 31,2019? [27] I order that RB reimburse AH $1,523.50 for basic and

section 7 expenses incurred from October 1, 2016 until January 31,2019. I will now discuss why I made this decision. [28] RB parented GH less than 40 percent of the time until February 2, 2019. He therefore, is required to pay child support to AHwithout a corresponding offset. [29] AH claimed child support in her January 2017 Response. She seeks child support from the date of separation. The parents’separation date is not precisely determinable. The parents did not cohabitate together and GH was born on September 27, 2016.

I will usethe date she claims, being October 1, 2016, as the commencement date of child support. [30] Retroactive relief is not a given or an exceptional remedy. I must review GH’s and his mother’s need for financial support withRB’s interest in certainty when the parents settle their financial obligations. I have discretion to be flexible to ensure a just result. [31] I focus primarily on the interests of the child. Child support is GH’s right. The right arises upon hisbirth and exists independent of any statute or court order.

If possible, I should provide children with the same standard of living theywould enjoy if the parents were together. RB and AH should both ensure that the other satisfies child support obligations. Ultimately, mygoal is to ensure that GH benefits from his parents’ support. [32] I am first to determine whether a retroactive award is appropriate by considering the following four factors.

Year Amounts $ 2017 2,475.00 2018 6,511.00 2019 [7] 207.00 Is there a Reasonable Excuse why AH did not pursue Child Support earlier? [33] The parents ended their relationship sometime between the end of October and the end November 2016. The parents then shared a highly litigious and confrontational relationship. [34] AH sought and obtained an emergency protection order. RB denies AH’s allegations. The provincial court dismissed AH’s application for a peace bond. It is not realistic to expect that the parents would discuss child support with any efficiency in those months after separation.

Did RB behave in a Blameworthy Manner? [35] I do not consider RB’s conduct a factor in my decision. AH’s allegations of violence are unproven. The circumstances with GH and the extent to which GH may benefit from a Retroactive Award? [36] GH will benefit from retroactive child support. The parents are of limited means. AH was GH’s primary caregiver for many months. Will there be any Hardship because of a Retroactive Order? [37] I find that there is no hardship occasioned by a retroactive award.

I ordered that AH pay RB costs relating to the postponement of the first scheduled trial date and column 3 costs in the interim parenting application. His counsel told me that these costs amount to about $1,700.00. RB’s counsel proposes that these costs may set-off any child support due from his client. [38] Therefore, I find that RB shall pay child support from the month after GH’s birth or October 1, 2016. To determine the amount, I will establish the parents’ incomes. [39] RB’s line 150 income is set out in Table 1.

Table 1: RB Income line 150 ($) Year line 150 $ Union Dues $ Net Club Fees [2] 2016 35,838.00 637.00 35,210.00 1,300.00 2017 48,154.00 637.00 47,517.00 1,300.00 2018 [3] 58,271.00 637.00 57,634.00 Nil 2019 [4] 58,271.00 637.00 57,634.00 Nil [40] AH’s line 150 income is set out in Table 2. Table 2: AH Income line 150 ($) Year line 150 $ Union Dues $ Net 2016 43,798.00 637.00 43,161.00 2017 33,210.00 637.00 32,573.00 2018 59,951.00 637.00 59,312.00 2019 [5] 59,951.00 637.00 59,312.00 [41] The parents generally agree on the amount of the

section 7 expenses. There are childcare expenses set out in Table 3. Table 3: Total

Section 7 Expenses – Child Care Expenses 2012-2019 [6] ($) [42] Under

section 7 expenses of the Regulations, I may order a parent to pay these expenses by taking into account the necessity of the expenses in relation to the child’s best interest and the reasonableness of the expenses in relation to the means of the spouses. [43] I find that GH’s childcare expenses are reasonable and necessary, given the needs and means of the parents. [44] I will now calculate the amounts due from RB to AH using DivorceMate software. The results are in Table 4. Table 4: Calculation of Amount of

Section 7 Expenses payable by RB [8] ($) Child Support 2016 [9] 2017 2018 2019 [10] Total

Section 7 Nil 1,164.00 1,862.00 63.00 3,089.00 Basic child support 963.00 5,232.00 6,072.00 506.00 12,773.00 Total Due 15,356.00 Paid by RB 14,339.50

Balance Due 1,523.50 [45] I order that RB reimburse AH $1,523.50 in basic and

section 7 expenses incurred from October 1, 2016 until January 31, 2019. [46] I will now turn to the issue of child support from February 1, 2019. What amount of Basic Child Support and

Section 7 Expenses should the parents pay each other from February 1, 2019? [47] RB shall pay child support from February 1, 2019 in the amount set out in the Regulations based on his 2018 income of $58,271.00 less union fees of $637.00. He shall pay $506.00 a month. AH shall pay child support based on her 2018 income of $59,951.00 less union fees of $637.00. She shall pay $522.00 a month. The parents may offset these amounts so that AH shall pay RB $16.00 a month. [48] I order that the parents share

section 7 expenses for childcare, dental and health insurance, medical and dental expenses, and extraordinary activities. RB shall pay 49.3 percent and AH shall pay 50.7 percent [11] . [49] The parents shall recalculate basic child support and sharing of

section 7 expenses annually starting on June 1, 2020 based on their previous year’s CRA Notice of Assessments (“NOA”). DISPOSITION [50] I hereby Order that: (

a) RB shall pay AH $1,523.50 for basic child support and

section 7 expenses for GH (D.O.B. September 27, 2016), for the period of November 1, 2016 to January 31, 2019; (

b) The parents shall fully offset the amounts set out in paragraph (

a) against any unpaid amounts for costs due from AH under my orders of October, 29, 2018 and November 27, 2018 so that no amount is owed to AH under paragraph (a); (

c) RB shall pay child support from February 1, 2019 in the amount set out in the Regulations based on his 2018 income of $58,271.00 less union fees of $637.00. He shall pay $506.00 a month. AH shall pay child support based on her 2018 income of $59,951.00 less union fees of $637.00. She shall pay $522.00 a month. The parents may offset these amounts so that AH shall pay RB $16.00 a month; (

d) After February 1, 2019, the parents shall share

section 7 expenses for childcare, dental and health insurance, medical and dental expenses, and extraordinary activities. RB shall pay 49.3 percent and AH shall pay 50.7 percent; (

e) The parents shall recalculate basic child support and sharing of

section 7 expenses annually starting on June 1, 2020 based on their previous year’s NOA. RB’s income shall be her NOA line 150 income less union dues. AH’s income shall be his NOA line 150 income less union dues; (

f) The parents shall adjust for any over or underpayment arising out of the interim order dated June 8, 2017 in six equal monthly installments starting on July 1, 2019; (

g) RB shall pay all amounts due pursuant to this order through the Support Enforcement Agency; (

h) The parents shall parent GH pursuant to the parenting order described in

Schedule A unless they otherwise agree in writing; and (

i) Each party shall bear their own costs. _________________________________ ALEXANDER MACDONALD Justice PARENTING ORDER Parenting 1 . RB and AH shall have joint legal custody of GH, who was born on September 27, 2016. Both parents shall consult with the other prior to making major decisions, such as those related to health, education and extra-curricular activities of GH. They shall attempt

to make their decisions by consensus. 2 . The parents shall make major decisions regarding GH’s health care in consultation with GH’s physician, dentist or other health care provider. Each parent shall reasonably consider the other’s views. If the parents are unable to agree on major decisions relating to GH’s medical care or treatment, the parents shall follow the recommendation of GH’s health providers. Schooling, Daycare and Babysitting 3 .

The parents shall make major decisions affecting GH’s educational programming, including psychological assessment or testing, school choice or tutors, in consultation with GH’s homeroom teacher. If the parents are unable to agree on major decisions related to GH’s education, the parents shall follow the recommendation of school personnel. 4 . The parents shall consult and agree on GH’s daycare provider. If the parents cannot agree on a daycare, he shall attend the one closest to his mother’s home. Either parent, with notice to the other, may look after GH instead of a daycare doing so.

If both parents are available to do so, the parent who drops him off at daycare on that day shall have the first choice to do so. Any parenting time arising out of an exercise of a right to provide daycare shall not count as parenting time for the purposes of child support calculations. 5 . Each parent may give the other a right of first refusal to parent GH if the offering parent is unable to do so. It is in each parent’s sole discretion whether to accept such an offer. If a parent does not accept the offer, it shall not be an indication that that parent is not interested in GH or his welfare.

A parent shall only offer the right of first refusal for more than two hours of parenting time ending before 8:00 p.m. Any parenting time arising out of an exercise of a right of first refusal shall not count as parenting time for the purposes of child support calculations. 6 . The parents shall share, and cause any school, daycare or provider of extracurricular activities to share, any material prepared by GH during these activities. Parenting

Schedule 7 . Up until August 16, 2021, the parents shall parent GH as follows: Monday Tuesday Wednesday Thursday Friday Saturday Sunday M M/F F/M M/F F/M M/F F/M The Saturday, Sunday, Thursday and Friday changeovers shall occur at 8:30 a.m., and the Tuesday and Wednesday changeovers at 5:30 p.m. M/F = change over from GH’s mother to father F/M = change over from GH’s father to mother F and M = no change overs 8 . Starting August 16, 2021, the parents shall parent GH as follows: Week Monday Tuesday Wednesday Thursday Friday Saturday Sunday One M/F F F/M M M/F F F Two F/M M M/F F F/M M M

On August 16, 2021, the changeover shall occur at 8:30 a.m. M/F = change over from GH’s mother to father F/M = change over from GH’s father to mother F and M = no change overs 9 . Either parent may designate others to pick up GH from his or her place. If the other parent does not know the designate, the parents must both consent to the designation. Each parent shall give the other one hours’ notice if a designate is picking up GH. 10 . The father designates his father as an alternate. 11 . The parents, or people they designate, shall not converse at the pickups other than usual pleasantries.

The parents shall discuss any matters relevant to the pickups by text and not in front of GH. The parents may openly, but not secretly, videotape the pickups. Any designate should be aware of this possibility. 12 . The parents shall supervise any family pets to ensure GH and others are safe. Special Occasions 13 . In 2019, GH shall be with his mother from 2:00 p.m. on Christmas Eve until 2:00 p.m. on Christmas Day and with his father from 2:00 p.m. on Christmas Day until 2:00 p.m. on Boxing Day.

In 2020, he shall be with his father from 2:00 p.m. on Christmas Eve until 2:00 p.m. on Christmas Day and with his mother from 2:00 p.m. on Christmas Day until 2:00 p.m. on Boxing Day. He shall then alternate each year after. The parents shall then revert to the usual schedule. The parents shall agree on who picks up GH and where this will occur. 14 . In 2019, GH shall be with his father from 2:00 p.m. New Year’s Eve until 12:00 p.m. on January 2, 2020. He shall spend the next New Year’s Eve with his mother. He shall then alternate each year after. The parents shall then revert to the usual schedule.

The parents shall agree on who picks up GH and where. 15 . In 2019, GH shall spend Easter Sunday from 8:30 a.m. to 8:30 p.m. with his father. He shall spend the next Easter Sunday with his mother. He shall then alternate each year after. The parents shall then revert to the usual schedule. The parents shall agree on who picks up GH and where. 16 . On GH’s birthday, Mother’s Day, and his mother’s birthday, if GH is with his father, his mother shall parent him and pick him up from 5:00 p.m. to 7:00 p.m. If GH is with his mother, his father shall parent him and pick him up at from 5:00 p.m. to 7:00 p.m.

The parents will treat Father’s Day and his father’s birthday in the same fashion. 17 . On Halloween, the non-custodial parent shall parent GH from 5:00 p.m. to 6:00 p.m. and the other shall parent him from 6:00 p.m. onwards. The parents shall then revert to the usual schedule. The parents shall agree on who picks up GH and where. 18 . The parents shall cooperate with each other to facilitate GH’s attendance at other important family milestone events. Extra-Curricular Activities 19 . Each parent shall inform the other of all school or extracurricular activities.

20 . Each parent shall use best efforts to ensure that GH’s extra-curricular activities will not interfere with the other’s parenting time. 21 . Each parent may attend any extracurricular activities open to the public including practices, games, competitions, concerts, performances and recitals. The parents shall remain cordial during those occasions and will not use them as an opportunity to discuss parenting or their relationship. The parent who would normally parent GH shall assume responsibility and control over GH.

The other parent may briefly greet or encourage GH, but shall otherwise observe from a reasonable distance. 22 . Both parents shall be at liberty to attend scheduled school events and extracurricular activities whenever they occur. On these occasions, the parents shall be civil with each other and not discuss any matters not related to GH. 23 . The parents shall consult on whether GH should attend other children’s birthday parties held during each other’s parenting time, but the custodial parent shall have the final decision on which GH is to attend.

The parents shall organize and pay for GH’s birthday party for his friends on alternate years. The mother shall organize and pay for the party in 2019. Each parent may attend this party. 24 . The parents recognize that these type of events may create tension for GH, and they shall use their best efforts to defuse that tension and act civilly and appropriately towards each other. Other Conditions, Missed Visits, Activities and GH’s Belongings 25 . The parents may alter any part of this Order in writing. A court may order changes. A medical professional in the event of a medical emergency may make changes.

Both parents shall discuss any medical emergency concerning GH with the medical professional. 26 . There shall be no make-up time for missed parenting time, unless a parent breaches a provision of

section 7 expenses of this parenting order or the parents both agree in writing. 27 . The parenting

schedule shall not change if GH is suffering from a common childhood illness or ailment (which includes headaches, colds, flus, sniffles, stomach or intestinal discomfort or irregularity, infections, measles or chicken pox), unless GH is too sick to travel. 28 . The parents shall not object to the other’s plans for their parenting time. They shall respect each other’s ability to care for GH appropriately. 29 . GH can take personal items and toys between the residences of his parents, without interference by the other parent. The parents shall return clothes and items that GH brought with him. Communication 30 .

Both parents shall provide to the other, by text, with a current address and a phone number. Both parents shall advise the other, by text, if GH will be other than in the parent’s home for overnights and provide the details of where GH is, as well as a phone number. 31 . Absent an emergency, the parents shall not text each other more than twice per day. The parents may send texts relating to delays in pickups. 32 . The parents shall communicate about GH by text. The child shall not read the texts. Each parent shall respond promptly to the text of the other.

The parents shall exchange information regarding GH’s care, developmental milestones, food likes and dislikes, scheduled

activities and appointments, medical and otherwise, and any requests for changes in the parenting schedule. 33 . The parents shall not delete or forward texts about GH, without the other parent’s consent. Texts shall be brief, respectful and related solely to GH, with no reference to either of the parents or their activities. 34 . The parents shall not in the presence of GH, speak in a disparaging or negative manner about the other parent, or that parent’s family, friends or pets, nor allow or encourage others to do so. 35 .

The parents shall not discuss with any other person who is in GH’s presence, or with daycare or school personnel, present or past legal proceedings or issues between the parents or relating to parenting or relationship issues. Each parent may respond briefly, in a reasonable manner, to questions with respect to such matters initiated by GH. 36 . The parents shall not allow GH to access information pertaining to any issue arising from the parents’ separation or parenting plan. The parents shall share all documents pertaining to GH by scanning the document and then sending it to the other parent by text or email.

The parents shall not rely on GH to transport documents between them. 37 . Other than texts relating to delays in pickups, if one parent requests information by text, the other parent shall respond within 48 hours. The receiving parent shall respond to requests made giving less than 48 hours’ notice as soon as possible. If there is an emergency or truly time-sensitive matter, the parents shall telephone each other. If a reply requires more time than 48 hours, the receiving parent shall send a text advising the other when they will respond. 38 .

Any discussions between the parents at transition times, activities or other special events where GH is nearby shall be limited to brief and cordial interchanges. If one parent considers that the discussion is not courteous, both shall discontinue the conversation and shall take up the issue later by text. 39 . If one parent finds what GH has said about the other parent to be of significant concern, that parent shall first ask the other parent, by text, what actually happened. If GH makes a complaint to one parent about the other, GH shall be encouraged to talk directly to that parent. 40 .

The parents may install and use a parenting app. 41 . The parents shall not post pictures of GH to Facebook or other social media, or allow others to do so, without the consent of the other parent. Electronic Access 42 . Each parent shall be entitled to make one electronic FaceTime type call to GH on any day that GH is out of their care for a 24 hour period. The call shall occur at suppertime and may last up to ten minutes. The calling parent shall not question GH about parenting methods or activities of the other parent, nor have any discussion with the other parent.

The receiving parent shall answer the call promptly and facilitate the call, and will hold the device if necessary. The parent shall not

schedule an electronic call on travel days when GH’s leaves or returns to the island of Newfoundland. 43 . After GH is five years old, he may contact his parents by telephone, email or text. However, both parents agree that they will not do anything to encourage or influence GH to make such contact. The decision is GH’s to make. Notice Issues

44 . Each parent shall receive copies of GH’s medical, dental, school and other reports. Each parent may consult with GH’s teachers, caregivers, physicians, dentists and other health care providers. The parents shall ensure that, on all documents pertaining to GH, they identify both parents as people entitled to information. Each may attend any of GH’s scheduled appointments. Both parents shall execute consents or authorizations to all persons, including teachers, doctors, dentists and others involved with GH, to allow them to speak fully and openly with both parents. 45 .

Each parent shall be responsible for making day-to-day decisions for routine emergency medical care while GH is in their care. They shall keep the other parent fully informed, by text, of any minor illnesses, emergencies, treatments and medications administered or prescribed while GH is in their care. 46 . If GH has a serious illness, accident or other misfortune, the parent who has GH in their care shall immediately notify the other parent.

During any period of illness or recovery, each parent shall have generous and reasonable contact with GH, consistent with the conditions of this Order and the welfare and happiness of GH. Travel with GH 47 . A parent shall not take GH out of school in order to travel without reasonable notice to the other parent and the written consent of the other parent. 48 .

If a parent wants to take GH outside of the island portion of Newfoundland and Labrador for vacation purposes, they shall first advise the other parent in writing of the dates of travel, location, transportation details, address and telephone numbers where the parent can contact GH. Travel outside of the island portion province before GH is five years old requires the consent of the other parent. The parent can withheld consent for any reason. 49 . The parents shall cooperate with each other in providing the necessary information for issuance and maintenance of GH’s passport.

The parent who last travelled with GH shall keep his passport. Both parents shall provide necessary authorizations to allow the other parent to travel with GH outside of Canada. 50 . A parent shall not remove GH from Canada without the written consent of the other parent or a further court order. The other parent shall not unreasonably refuse consent. 51 . When GH reaches the age of five years old, his parents shall each be entitled to parent GH for two one-week blocks or one two- week block. Until GH is eight, the two-week block shall require the consent of the other parent.

His father shall choose his holiday blocks first in 2019, after which they shall alternate years. Each parent shall provide the other parents with at least 21 days’ notice of the times for these blocks. 52 . Either parent may travel with GH within the island portion of Newfoundland and Labrador during their parenting time without the consent of the other. If the parents are travelling more than one hour from their home, they shall notify the other parent of their departure and safe arrival. They shall give progress reports if the trip is over two hours. They shall do the same upon leaving to return home.

The parent travelling shall have the sole authority to make the decision on how and whether it is safe to travel. Resolving Future Disputes 53 . Both parents agree to act reasonably with respect to any requests or issues relating to the care and well-being of GH. Both parents agree to seek mediation before taking court proceedings. [1] The changeover proposed to occur at 4:00 p.m. M/F = change over from GH’s mother to father. F/M = change over from GH’s father to mother. F and M no change overs [2] Non-taxable

[3] Less one time severance buyout [4] 2018 used for 2019 CS obligations [5] Ibid note 4 [6] To January 31, 2019 and before any Income Tax credits or deduction [7] January 2019 only [8] DivorceMate calculated [9] October, November and December 2016 [10] January 2019 [11] The ratio of their 2018 incomes