Barnhart v. Hawes, 2017 NSSC 249

Supreme Court of Nova Scotia (FAMILY DIVISION) Citation: Barnhart v. Hawes , 2017 NSSC 249 Date: 20170921 Docket: SFHMCA-098713 Registry: Halifax Between: William Lee Hawes Applicant v. Odette Marie Barnhart Respondent ________________________________________________________________________ LIBRARY HEADING Judge: Justice Beryl A. MacDonald Heard: June 30 and July 4, 2017 Keywords: Family, Custody, Parenting Plan, Parenting

Schedule Legislation: Parenting and Support Act, R.S.N.S. 1989, c.160

Summary: The Father and the Mother of a 6 year old child are not married to one another. The Father is an American citizen who lives and is employed in the United States. He has a very irregular work

schedule that complicated the development of a parenting schedule. Although the parties were able to make plans that permitted the development of the relationship between the Father and the child, the parents relationship deteriorated. They both were unable to make realistic plans for contact between the Father and the child. The Mother became uncooperative and at times obstructed the Father’s attempts to have parenting time. The Mother’s allegations about the Father’s abuses and deficiencies were not proven. It was in the child’s best interest to develop his relationship with the Father and a detailed parenting plan and

schedule was provided to the parties. This Information Sheet Does Not Form Part Of The Court’s Decision. Quotes Must Be From The Decision, Not This Library Sheet Supreme Court of Nova Scotia (FAMILY DIVISION) Citation: Barnhart v. Hawes , 2017 NSSC 249 Date: 20170921 Docket: SFHMCA-098713 Registry: Halifax Between: Odette Marie Barnhart Applicant v.

William Lee Hawes Respondent Judge: The Honourable Justice Beryl A. MacDonald Heard: June 30 and July 4, 2017 Counsel: Odette Marie Barnhart, self-represented; Terrance Sheppard, counsel for William Lee Hawes By the Court: [1] The Father and the Mother of the child, who is the subject of this proceeding, are not married to one another. The child is 6years old. The Father is an American citizen who lives in the United States. He is a yacht captain working primarily on luxury yachts.He usually knows his sailing

schedule “a couple of months in advance” but occasionally the owners of the yachts will make abruptchanges to the schedule. Since the child’s birth the Father has tried diligently to forge a relationship with this child. Distance and thenature of the Father’s work has made the development of a parenting plan problematic. Any plan will require significant cooperationfrom the Mother. During the first four years of the child’s life the Father and Mother were able to agree about the dates, times and placesto provide the Father with parenting time.

However, shortly after November 2015 the Mother became less cooperative. [2] On December 2, 2015 the Mother commenced a Notice of Application requesting custody. She suggested the Father’sparenting time should be reasonable access upon agreement of the parties but she also requested supervision of his access. No detailswere provided to explain why supervision was required or who would supervise this access. [3] On December 26, 2016 the Father filed a Response to Application. He requested unsupervised parenting time with the childevery time he was in Nova Scotia and twice a year in Florida.

He wanted regular face time or telephone contact with the child. [4] On March 29, 2016 an Interim Order was issued containing a detailed parenting plan with clear provisions aboutFaceTime/telephone contact, how parenting time arrangements were to be made and e-mail communication. The parties were toparticipate in conciliation to finalize the terms of the parenting plan.

They were unable to do so because of disagreements each had abouthow parenting time arrangements should be made, how much parenting time the Father should have, overnight parenting time andparenting time outside of Nova Scotia. [5] In all cases involving a dispute about parenting arrangements the court is directed to make its determination based upon the“best interest of the child”. [6] Several cases have attempted to provide guidance to the court in applying the best interest principle: See for instance Foley v.Foley (1993) (NS SC), 124 N.S.R. (2d) 198 (N.S.S.C); Abdo v.

Abdo (1993) (NS CA), 126 N.S.R.(2d) 1 (N.S.C.A). [7] The factors applied in these cases have been repeated in section 18(6) of the Parenting and Support Act, R.S.N.S. 1989,c.160. However, the process of determining a child’s best interest involves more than just reviewing a list of factors. In Dixon v. Hinsley(2001) (ON CJ), 22 R.F.L. (5th) 55 (ONT. C.J), at para. 46 the following appears: The “best interests” of the child is regarded as an all-embracing concept. It encompasses the physical, emotional, intellectual, and moralwell-being of the child.

The court must look not only at the child’s day to day needs but also to his or her longer-term growth anddevelopment... [8] Credibility is always an issue in these proceedings. I have considered Justice Warner’s decision in Novak Estate, Re, 2008NSSC 283 and in particular his comment that credibility assessment requires “The ability to assess whether the witness' testimony isplausible or, as stated by the British Columbia Court of Appeal in Faryna v.

Chorny, (BC CA), 1951 CarswellBC 133,is ‘in harmony with the preponderance of probabilities which a practical [and] informed person would readily recognize as reasonable inthat place and in those conditions’”. I also recognize that I am “not to rely on false or frail assumptions about human behavior”.

Also, “Inassessing credibility there is no principle of law that requires a trier of fact to believe or disbelieve a witness's testimony in its entirety.On the contrary, a trier may believe none, part of, or all a witness's evidence, and may attach different weight to different parts of awitness's evidence”. (supra at para. 37) [9] In this decision I will not analyze the credibility of every statement made by each party. I will however describe a few

examples as I relate my factual analysis. [ 10 ] The Mother has many reasons to explain her lack of cooperation since November 2015. Most of them amount to rationalizations and excuses with no factual foundation to justify her actions. I realize the Mother believes her concerns are valid and that she has provided “proof” about those concerns. I do not intend to review each of her complaints and explain why I have not given them the emphasis she has requested. I will refer to some by way of example.

To review all would make this decision unnecessarily lengthy. [ 11 ] The Mother attempted to introduce 15 affidavits, all filed with the court on June 21, 2017, eight days before commencement of the hearing. Counsel, acting on a limited retainer, assisted the Mother to prepare those affidavits. On June 27, 2017 I conducted a pre- trial conference with counsel about whether the affidavits would form part of the evidence in this proceeding. I had provided a detailed Conference Memorandum to the Mother and the Father following upon their appearance before me on November 17, 2016.

I required the Mother to file her affidavits in respect to this proceeding no later than May 5, 2017. That filing deadline was extended, at the request of counsel acting for the Mother, to May 19, 2017. During the June 27 th appearance, I informed counsel that seven of the affidavits were inappropriately sworn. I refused to admit them. I also refused to admit the remaining eight affidavits. The Father’s ability to address the content of those affidavits would be significantly prejudiced if they were admitted. I also considered this last-minute filing to be an abuse of process.

The Mother is not an unskilled litigant. Although she has been self represented during most of this proceeding, she is intelligent and knowledgeable. She has been involved in previous court proceedings. In addition, there are many services offered through this court to help litigants understand how to present his or her case. The Mother knew or should have known, as a result of my findings during a contempt hearing previously held in this proceeding, that she had failed to satisfy me the Father abused alcohol or that he drank a beer while caring for the child in violation of the Consent Order.

She had ample time to file affidavits from witnesses who allegedly had information that may have caused me to reach a different conclusion on this and other issues. To do so at the last minute in such circumstances is unacceptable. [ 12 ] The Consent Order issued March 29, 2016 placed the child in the custody and primary care of the Mother. The Father was to be kept informed about all matters affecting the child’s health, education and general welfare. The Father was to have parenting time in Nova Scotia.

He was to give the Mother two weeks written notice of his intention to exercise that parenting time which was to be for up to six hours at a time. The communication was to be exchanged by e-mail. The Father was to refrain from consuming alcohol and drugs prior to and during all access visitation. The scheduled parenting time could be changed when required on the condition that the parent seeking the change gave 72 hours prior notice to the other parent to allow a new

schedule to be arranged. [ 13 ] The Father had difficulty implementing the provisions of the order. He made a Contempt Application. On March 10, 2017 I delivered a written decision finding the Mother in Contempt. [ 14 ] In this proceeding, as in the contempt proceeding, the Mother alleged the Father abuses alcohol and would drive while under the influence of alcohol. While I am satisfied the Father is a social drinker, the Mother failed to prove on a balance of probabilities that the Father abuses alcohol, or that he would drive while impaired either by alcohol or a drug.

She had no independent corroboration for these allegations. The Father has a very responsible position as the captain of luxury yachts. It is doubtful he could maintain that position if he abused alcohol and drugs. I am satisfied that the Father is a responsible person who would not endanger the child as the Mother has suggested. [ 15 ] The intent of the Consent Order was to stabilize the situation between the parties until they could work out a more complete parenting plan with the assistance of the conciliation officer.

When the Father made requests for parenting time the Mother was either unresponsive or had arranged to have activities for the child that she refused to rearrange so the Father could have his parenting time. She considered the Father’s requests for parenting time to be “disruptive” of her life and the life of the child. In this proceeding she has indicated that “the Respondent has to understand my role is not one of secretary or of performing tasks on his behalf”.

This comment is made in respect to the e-mails the Father has sent to the Mother requesting information about the child and to organize his parenting time. [ 16 ] Because of the circumstances, the Father’s desire to be knowledgeable about how the child is developing requires more communication than might occur between parents who have a regularized parenting plan. When the Father does not get responses to his e-mail communication, or when the responses are less than adequate in his view, the Mother considers his subsequent e-mails to be a form of harassment.

As a result, she wants to strictly limit their communication in any ongoing parenting plan. That would not be in the child’s best interest. The child’s best interest is to develop a relationship with the Father and for the Father to be knowledgeable about the child’s development. That can only occur with the Mother’s cooperation. Distance requires that the parties communicate by e-mail at least until they can agree they are ready to engage in telephone conversation. However, the Father must understand that any frustration or anger he may experience should not be evident in his e-mail communication.

He must realize that last minute requests for

schedule changes would require the Mother to rearrange previous plans made before she knew he would be requesting parenting time on the same dates. Sometimes it may not be in the child’s best interest to rearrange those plans. In addition, the Father must make it clear to his partner, or any future partners, that they are not to communicate with the Mother. This has happened in the past and has done nothing to promote goodwill between the parties. [ 17 ] The Mother has requested that the Father’s present partner not be involved with the child.

The Father’s partner presents no risk to the child’s personal or emotional safety. The child knows her and there is no evidence to support a contact prohibition. I realize the Mother believes only she can keep the child’s best interest in focus and that the Father is at best unskilled, or at worst negligent. I disagree with her analysis of the Father. He is a competent and loving Father.

He would not expose the child to persons who would not be kind, gentle and caring toward the child. [ 18 ] The Mother has tried to convince me the child is an extremely anxious child who has phobias to germs, animals and loud sounds. She alleges he does not do well when his routines are changed. She states he has “obsessive compulsive disorder tendencies” and has difficulty making and maintaining friendships. [ 19 ] There is some corroborative evidence to indicate the child did suffer from some anxiety resulting in “difficulties using the washroom at school”.

Whatever the cause, there is credible evidence these problems have been, for the most part, resolved. The Mother

provided information about the child’s frequent attendance at “play dates” with other children, about his exposure, without consequence, to animals and about his enjoyment on camping experiences. Her descriptions of this child are inconsistent, possibly chosen to suit her divergent purposes. The first purpose was to indicate how well the child is developing under her care. The second to suggest he requires her constant supervision and vigilence. [ 20 ] The Mother displays many of the attributes of parents who have been called “helicopter, hovering or smothering” parents.

These parents hover over their child's every move at the playground, micromanage their child’s playdates and oversee every aspect of their child's lives. They are not just involved; they are over-involved. This child needs some freedom, and in particular, he needs the freedom to love and have a relationship with his Father. The Mother must avoid making plans for the child that will interfere with the Father’s parenting time after that time has been requested. There is evidence she has done so in the past.

The sensible solution for the Father would have been for him to take the child to the prearranged events but both parties resisted this solution. [ 21 ] An additional impediment to the Father’s exercise of his parenting time has been the Mother’s insistence that transitions occur at neutral locations instead of at her residence. This is unnecessary and is not included in the parenting plan I have prepared and attached as

Schedule “A” to this decision. If the child is not to be picked up or returned by the Father to the child’s school or child care provider, he must be picked up and returned to the Mother’s residence. The child does not require any assistance to move from his Mother’s residence to the Father’s vehicle. The parties do not need to communicate with one another during transitions except to put the child at ease if necessary. They may need to communicate about the child if there is something either should know that was not previously communicated in an e-mail.

It may be important for the child to see his parents, at the very least, exchange some supportive words as he leaves his Mother’s care for parenting time with the Father. He needs to know the Mother supports his relationship with his Father. His healthy emotional development requires both parents to be civil towards one another in his presence. Any concerns either parent has with the other must be resolved by e-mail exchange or mediation. I have tried to provide these parents with some direction about communication in the parenting plan.

Ultimately, the success of this plan depends upon them. [ 22 ] The Father has contributed to the conflict. I have already mentioned inappropriate communication that has occurred. An additional driver of the conflict was the inconsistency in the Father’s time availability to parent this child. He, not infrequently, expected the Mother to immediately accept his requested changes to a previously agreed upon parenting time

schedule because his employer changed his schedule. I understand the Mother’s desire to have a plan that provides more consistency or at least a basic framework that does not require constant revision because of the Father’s work commitments. [ 23 ] The parenting plans suggested by each of the parents are not in the child’s best interest. The Mother’s plan leaves too much to her discretion and the Father’s plan places the child in his care for an initial duration and frequency that does not consider how the child may react to this change in his daily life.

This child knows who his Father is and he has enjoyed his Father’s company. However, he has rarely been cared for by his Father for extensive periods of time. The new plan does require some short period of introduction to the Father’s parenting. [ 24 ] The parenting plan I have determined is in this child’s best interest is attached as

Schedule “A” to this decision. It does require the Mother to regularly inform the Father about the child’s progress. These parents should consider using a program such as “My Family Wizard” to assist them in sharing information, setting parenting time schedules and keeping a record of their communication. This program is available as an app that can be used on a smart phone. It may be more useful to the parties than typical e-mail communication.

Each party must subscribe and pay for this service but the cost should be affordable for these parents. [ 25 ] The Father has requested that he and the Mother make joint decisions for this child. Because the Father does not live in Nova Scotia he will rarely have an opportunity to discuss recommendations made with professionals unless he does so by electronic means which will likely be difficult to arrange. The Father and the Mother have no significant history of joint decision-making for the child and their conflict has made this impossible at least since November 2015.

I am not prepared to grant the Father’s request. I am requiring the Mother to keep him informed about the child’s development and about any health or other concerns for which a critical decision must be made. [ 26 ] The Father’s work and residency prevents him from spending frequent parenting time with this child. Because of this he will not be as aware of the child’s personal and social development as are parents who can provide more frequent parenting. The Father will need this information to nurture his own relationship with the child. The only person who can assist him is the Mother.

She will be required to provide the Father with regular updates about the child’s personal and social development. [ 27 ] Both parties want to travel with the child and some travel may require the child to have a passport. I have provided for this in the parenting plan. I have not directed the parties to acquire a US passport for the child. This was the Father’s request. I do not know the implications for the child if he has a passport from each country. It may have advantages.

I will leave this issue for the parties to resolve. [ 28 ] I have provided the parties with an opportunity to make changes to the parenting plan provided they can agree to those changes in writing. If they cannot, the provisions of the plan must govern their parenting of this child. I will provide the parties with an opportunity to refine the wording I have used to ensure the plan is understood by both. [ 29 ] Future disputes between the parties must be mediated before either party commences a Variation Application.

The expectation is that a mediator can help each parent realistically appraise his and her situation to develop a workable plan for the child overcoming the issues that brought the parties to mediation. Creative thinking does not always occur in courtrooms although I have done my best to find what I consider to be a practical and achievable parenting plan for this child. [ 30 ] The Mother did not request child support in this proceeding. She did make a request to change the child’s name. The Father was not prepared to address the issue. I have examined the Mother’s reasons why she has made this request.

She has children from a previous relationship and she does not want this child to have a different last name from those of his step siblings. Given the vast number of blended families now existing I do not consider this to be a reason to change this child’s name especially in a situation where the stepsiblings are so much older than this child, do not attend the same school, and know this child has a different father. The child knows his last name and he knows who his father is. There will be no change to the child’s name.

[ 31 ] Costs remain as an issue. The Father must file with the court and copy to the Mother his written submissions about costs within 15 days from his counsel’s receipt of this decision. The Mother must file with the court and copy to the Father’s counsel her written submissions about costs within 10 days from her receipt of the Father’s submissions. If the Mother has made a submission on costs not contemplated in the Father’s submissions, he may file additional submissions with the court and copied to the Mother within 5 days from his counsel’s receipt of those submissions. ______________________________ Beryl A. MacDonald, J. Attached:

Schedule “A”

Schedule “A” Custody 1. The Mother must have custody of the child, meaning the Mother has, subject to other terms of this order, the sole responsibility and authority to make decisions that have significant or long lasting implications for the child or that impose responsibilities on a parent - for example, decisions about physical or mental health, dental care, physical and social development, counseling, education. Primary Care 2. The Mother must be the child’s primary care parent. Hague Convention 3. For the purpose of The Hague Convention, a parent is deemed to have custody of a child when the child is scheduled to be in that parent’s care according to this order. Decision Making

Day to Day Decisions 4 With respect to daily decisions, including non-emergency medical care, the parent who has care of the child, according to the parenting schedule, must be the decision-maker with the other parent being advised about non-emergency medical care decisions made. Emergency Decisions 4.1 With respect to emergency decisions, the parent who has care of the child, according to the parenting schedule, must be the decision-maker with the other parent being advised as soon as possible about the emergency and the decision made.

Right to be Informed 4.2 The Mother must inform the Father about any significant changes, problems or recommendations relating to the child’s physical or mental health, dental care, physical and social development, counseling, and education, and must provide copies of all written reports received from service providers about these changes, problems or recommendations. 4.3 Once every 8 weeks the Mother must prepare a report and send it to the Father informing him about the child’s personal and social development, likes and dislikes so the Father is better able to understand and relate to the child during his parenting time.

Right to Contact Third Parties 4.4 The Father is entitled to directly contact the child’s doctors, dentists, therapists, teachers, and other third party service providers to request and receive information and consult about the child.

Recreational Activities 4.5 Before enrolling the child in a recreational activity, the Mother must consult with the Father to discuss how the activity may affect his parenting time and consider that effect in her decision about the child’s participation in that activity. 4.6 Unless there is an agreement between the parties, the child must not participate in more than 2 recreational activities per season. 4.7 If the child has a recreational activity during the Father’s regular parenting time

schedule he must take the child to that recreational activity. He is not required to take the child to that recreational activity during any other parenting time schedule. Contact Information About Service Providers 4.8 The Mother must provide the Father with the name, address and telephone number, or other contact information for the persons or institutions providing services to the child, for example, a physician, dentist, therapist, teacher, child care provider, recreational provider and she must update him if there are any changes.

Listed as Contact 4.9 Each parent must be listed as a contact parent on all documents pertaining to the child. Communication 5.

Until the parents are ready to communicate either by way of face to face meetings or in telephone conversations, regular communication must be by e-mail except in the case of an emergency, or an event that requires communication on short notice, when a face to face, telephone conversation or text message will be appropriate. 5.1 If an e-mail message contains a request, the request, the reason for the request and any time limitations involved must be stated. 5.2 The parent receiving an e-mail containing a request must respond within 24 hours of receiving the e-mail, with an explanation if a later reply is made and an explanation about why a request is denied, if a request is denied.

Travel 6 Either parent may travel with the child. 6.1 The child is not to travel as an unaccompanied minor until he is 13 years old. 6.2 If the child is travelling as an unaccompanied minor the Mother must transport him to and from the airport and she must ensure the child boards the booked flight. 6.3 Neither parent is to take the child to travel elsewhere than in Canada or the United States without notifying the other parent 60 days prior to commencing that travel and the notice must include an itinerary with flight or other transportation details.

Passport 6.4 The Mother, as custodial parent, may apply for and renew a Canadian passport for the child.

The Father must cooperate and properly complete all documents required for this purpose and return the completed documents to the Mother no later than one week after the date he received those documents. 6.5 If the Father requires the child’s passport to travel with the child during his parenting time, the Mother must provide the child’s passport to the Father, if the Father is travelling with the child, or to the child if he is travelling as an unaccompanied minor. 6.7 The Father must return the child’s passport to the Mother upon the child’s return if he has possession of the passport. 6.8 If either parent requires any documents in addition to the child’s passport to travel with the child, the non-travelling parent must properly complete and return the required documents to the travelling parent no later than one week after the non-travelling parent received those documents.

Alterations 7. the parents may make alterations to the parenting plan and

schedule upon agreement in writing and an exchange of e-mail communication containing the request and consent is deemed “an agreement in writing” for this purpose. 7.1 The recipient of a request for an alteration must reply to the sender within 24 hours of receiving the request with an explanation if a later reply is made and an explanation if a request is denied. Parenting Time

Schedule This

schedule is based upon the following: Counting Days 8. To count days for parenting time:

a) a part day, such as from after school until 6:30 p.m., must be counted as a day.

b) A day required for the child to travel must be counted as a day.

c) When the Father has overnight parenting time, the last day of that parenting time includes the time from 12:00 a.m. until the child is to be returned as required by paragraph 2. This time must not be counted as a day. 8.1 To count days for e-mail notice, the count is to start the day after the e-mail is sent. Transitions and Notice 8.2 The required transitions must take place from one of the following named locations. The choice of the location must be made based upon the Father’s availability to pick up and return the child to that location:

a) the child’s school when the child is in school

b) the child’s child care provider if there is one

c) the Mother’s residence 8.3 This

schedule provides parenting time the Father may request if his work

schedule permits. If he cannot make arrangements to parent the child in any month that fact must not affect his request for the following month. This plan contemplates the Father may not be able to arrange parenting time every month. No make-up time is required for a missed month. 8.4 The Father may request fewer days parenting time than this

schedule provides if he cannot be available to provide parenting during the entire time provided by this schedule. 8.5 The Father must have the designated parenting time described in this

schedule provided he has given the Mother the following

notice and information:

a) for Regular Parenting Time, Easter, and the Spring School Break, including travel in Canada and to the United Stated, no less than14 days’ notice of the dates and times when he will be available to exercise his parenting time

b) after receiving the Mother’s request for her two consecutive exclusive weeks’ summer vacation time with the child, which must be sent to the Father no later than May 31 st in every year, the Father must, no later than June 15 th in every year, inform the Mother about the dates when he will exercise his summer parenting time

c) if the child is to travel outside Nova Scotia to the United States or elsewhere in Canada, the Father is to provide an itinerary and, if he has not included this information in his Notice, he must, no later than four days before the child is to leave, provide the Mother with details concerning the return flights and about the unaccompanied minor arrangements, if the child is travelling as an unaccompanied minor. 8.6 Upon receipt of the required notice the Mother must inform the Father where the child will be so the Father can more precisely confirm the time when he will pick up and return the child. 8.7 If the parenting time selected by the Father occurs when the child is in school and he is, according to this plan, to have overnight care of the child, he is to return the child to school each morning at the end of his parenting time. 8.8 If, after arranging parenting time, the Father is unable to exercise that parenting time no make-up time or rescheduling is required for the month in which parenting time was scheduled.

Parenting Time

Schedule Regular Parenting Time 9. The Father must have the child in his care once per month but his parenting time may only include the child’s birthday in every odd year. 9.1 For the first request to have parenting time after this order has been issued, the Father must have the child in his care for 4 consecutive days commencing, if the child is in school, from after school on the first day until 6:30 p.m. on each of the days the child is in school. If the time requested includes Friday the same provision applies.

If the time requested includes a Saturday or a Sunday he must have the child in his care from 10:00 a.m. until 6:30 p.m. on each of those days. 9.2 For the second request the Father must have the same parenting time as has been provided for in paragraph 9.1. 9.3 For the third request the Father must have the child in his care for 4 consecutive days commencing, if the child is in school, from after school on the 1 st day until 6:30 p.m. and for the remaining days from after school overnight until the end of the 4 th day.

If the Father’s parenting time request commences on a Saturday or Sunday it must begin at 10:00 a.m. and continue overnight. 9.4 For the fourth and all subsequent requests the Father must have the child in his care for 4 consecutive days, including overnight, commencing, if the child is in school, from after school or from 10:00 a.m. on Saturday or Sunday if the child is not in school. 9.5 Commencing the month of May 2018, when the child will be 7 years old, the Father must have the child in his care for five consecutive days, including overnight, commencing either after school, or from 10:00 a.m. on Saturday or Sunday.

9.6 Commencing the month of May 2019, when the child will be 8 years old, the Father must have the child in his care for seven consecutive days, including overnight, commencing either after school, or from 10:00 a.m. on Saturday or Sunday. 9.7 Unless otherwise stated in this Order, the regular parenting time

schedule must not apply during the Summer, or for the Christmas, Easter and the Spring School Break. Summer Parenting Time 9.8 Summer is defined as the months of July and August. 9.9 The Father must have the child in his care for two consecutive weeks during the child’s summer school break in 2018. 9.10 The Father must have the child in his care for three consecutive weeks during the child’s summer school break in 2019 and in 2020. 9.11 The Father must have the child in his care for four consecutive weeks during the child’s summer school break in 2021 and in every subsequent year. Christmas Parenting Time 9.12 The Regular Parenting Time

Schedule must apply to the 2017 Christmas school break but the days chosen by the Father must not include December 24 th or 25 th . 9.13 The Father must have the child in his care during the Christmas school break in 2018 and in every subsequent even year from December 21 st until December 27 th . 9.14 The Father must have the child in his care in 2019 and in every subsequent odd year from December 27 th until January 3 rd . Spring School Break 9.15 In 2018 and in every subsequent even year the Regular Parenting Time

Schedule must apply to the spring school break and the days chosen by the Father may include days when the child is not in school because of the break. 9.16 In 2019 and in every subsequent odd year the Regular Parenting Time

Schedule must apply excluding the days of the child’s spring school break. Easter School Break 9.17 In 2018 and in every subsequent even year the Regular Parenting Time

Schedule must apply to the Easter school break but days chosen by the Father in the month in which Easter occurs must not include Easter Friday, Saturday or Sunday.

9.18 In 2019 and in every subsequent odd year the Regular Parenting Time

Schedule must apply to the Easter school break and days chosen by the Father in the month in which Easter occurs may include Easter Friday, Saturday or Sunday. Face Time and Telephone Parenting Time 9.19 The Father must have Face Time or telephone contact with the child as follows:

a) every Sunday and Thursday, at 6:00 p.m. Nova Scotia time

b) at 6:00 Nova Scotia time on Father’s Day, the Father’s birthday and the child’s birthday.

c) the contact is for as long as the Father can engage the child not to exceed:

i) a maximum of 10 minutes until the child is 8 years old; ii) from the time when the child is 8 years old until he is 11 years old a maximum of 15 minutes; iii) when the child reaches 11 years old for a maximum of 30 minutes. 9.20 When the child is in the Father’s care he must provide the Mother will the same Face Time or telephone contact as has been provided to him by these provisions. 9.21 The Face Time or telephone contact is to be initiated by the parent who does not have the child in his or her care.

If the child will be unavailable to have that contact the parent having care of the child must notify the other parent no later than 24 hours before the contact is to occur and that parent must explain why the child will not be available and provide another contact time when the child will be available. 9.22 If there is an emergency the notification required in paragraph 9.21 may be shortened.