BLINDING HOSTILITY TOWARDS THE OTHER PARENT GROUNDS FOR LOSING CUSTODY
In the case of Izyuk v. Bilousov, 2014 ONSC 915, the Honourable Mr. Justice R.J. Harper dealt with an all-too-common problem in an extraordinary way.
The Mother brought a Motion to Change a 2011 court order by the Honourable Justice Pazaratz. Justice Pazaratz awarded the Father sole custody and the Mother supervised access to the child. Justice Pazaratz held that while the Mother may be a good parent, it was unlikely that she would permit the Father to have access to the child (parental alienation). In contrast, the Father still encouraged the child to have a relationship with the Mother in spite of the Mother’s hostility.
The Mother was ordered to inform the Father of any medical appointments of the Child. The Mother, however, took the Child to be weighed at a clinic almost every day because she was convinced the child was being starved. One time, she took the child to the emergency room after an access visit because the child bumped his head at the beginning of the visit.
The Mother was so convinced that the Child was starving that once she constantly fed the child during a two-hour visit in spite of the child’s complaints of constipation.
When visiting, the Mother would take photographs of every bruise on the Child. She called the Children’s Aid Society constantly. The Children’s Aid Society advised her to cease this “paranoid behaviour”.
Finally, the Mother was selling the baby furniture on Kijiji because, she claimed, that she and her child were moving to another country.
During the trial, the Mother denied that the Kijiji ad and her hostile Emails came from her. She claimed that her computer was hacked. Although hacking was possible, Justice R.J. Harper held that he was satisfied that the Emails were authentic. The Mother needed proof that her computer was hacked. The mere assertion was not enough.
Justice R.J. Harper did not set aside the previous order. He did hold the Mother in contempt of court, however, for failing to inform the Father of the child’s frequent medical appointments. As a result, Justice R.J. Harper ordered that the Mother was under probation. She was to attend counselling to gain insight as to the harm she was causing her child.