2024 QCCS 354, 2024 QCCS 354

Droit de la famille — 24136 2024 QCCS 354 SUPERIOR COURT CANADA PROVINCE OF QUEBEC DISTRICT OF GATINEAU No.: 550-04-021213-208 DATE: February 7, 2024 _____________________________________________________________________ BY THE HONOURABLE CAROLE THERRIEN J.C.S. JT 1581 _____________________________________________________________________ N. S. APPLICANT - FATHER c. S. M.

DEFENDANT - MOTHER ______________________________________________________________________ SAFEGUARD ORDER ______________________________________________________________________ [ 1 ] CONSIDERING the judgments rendered August 22, 2022, June 26, October 3 rd , and December 21, 2023, and all the reasons expressed in these judgments; [ 2 ] CONSIDERING the present safeguard order is needed in order to address the situation of the children’s parental time sharing and child support, before a final judgment can be rendered, that should have been rendered shortly after March 2023; [ 3 ] CONSIDERING that since then, the mother raised new issues imposing delays to the conclusion of the present file, which conclusion cannot be scheduled to date; [ 4 ] CONSIDERING that the father is asking for a revision on a safeguard basis of the child support he pays 1 000$/month since 2020.

His demand was argued in writing with the mother’s demand to change the custody modalities before the conclusion of the file; [ 5 ] CONSIDERING the mother’s declaration of December 19, 2023, that she renounces to argue on equal shared parental time, although she might ask for the modalities to be 7/7 instead of 2-2-3; [ 6 ] CONSIDERING that to date, the Tribunal is also waiting for the mother to specify her demands for a final judgment and the setting for trial on her partial declinatory demand, considering her intention of having witnesses to testify on that matter; [ 7 ] CONSIDERING that the Tribunal heard the expert De Witt on December 21, 2023, who explained the reasons why he could not continue his mandate in March 2023, which motives relates to a letter of the mother that essentially made clear that she had no confidence in his work anymore; [ 8 ] CONSIDERING a judgment is then needed to for the stability of the family for the coming months and to assure that no overpaid child support could be avoided; [ 9 ] CONSIDERING the parties have filed written arguments for safeguard measures (child support and other issues related to parental time) October 3, 2023; [ 10 ] CONSIDERING the parental time is in fact shared equally between the parents since June 2023; [ 11 ] CONSIDERING the parents annual income is approximately 103 710$ for the father and 80 600$ for the mother, and that the father had moved to Ontario in December 2022; [ 12 ] CONSIDERING the federal guidelines for child support, for two parents living in Ontario and assuming equally shared parental time of two children, the father should have paid approximately 189$/month [1] since July 1, 2023. [ 13 ] CONSIDERING that the father paid 1000$/month since 2020, this situation could certainly result in important overpaid [2] child support from the father to the mother, a situation that should be avoided, when possible, by the Tribunal; [ 14 ] CONSIDERING the above financial considerations, the Tribunal annuls child support payments by the father, as of the present judgment, for the moment until September 6, 2024 .

The incidental issues and continuation should, by then, be scheduled or resolved. The Tribunal will then decide what should occur after that date - if the parties have not reached an agreement on that issue. The file will not be automatically scheduled on the docket, the parties will decide if a judgment is needed or whether an agreement can simply be

ratified.

FOR THOSE REASONS, THE TRIBUNAL: [ 15 ] RENDERS the present safeguard AND DECLARES it will be in force until, September 6, 2024; [ 16 ] ORDERS that parenting time be divided equally between the parents in a 2-2-3 sequence, or some other equal sharing arrangement agreed upon by the parents; [ 17 ] PROHIBITS parents from moving the children outside Quebec or Ontario without the written consent of the other parent, except for two consecutive weeks with each parent, during the summer period of 2024 and under conditions the parents will agree before April 1, 2024; [ 18 ] ORDERS that at all times possible, exchanges take place in the presence of only one parent at the school while the children are starting or finishing school, and when this is not possible, that the children are exchanged in the school parking lot through a third party for the mother if she so wishes, or according to any terms agreed upon by the parties; [ 19 ] ANNULS any child support order in force AND DECLARES that the father will not pay child support to the mother, as of the present judgment until September 6, 2024; [ 20 ] ORDERS the parties to fill all requested forms before March 1, 2024, to have the mother’s partial motion for declinatory scheduled for audition. __________________________________ CAROLE THERRIEN j.c.s.

Me Kim Gauthier-LeBreton Applicant’s attorney Me Gerald Stoland Defendant’s attorney Arguments submitted in writing after October 3, 2023