TIMELINE:
2014 - CMZ AND JOZ married
July 2019 - Separated
Two children ages 5 and 2
There have been several interim parenting orders since the separation:
First-order found JOZ in contempt for breaching two previous parenting orders; dismissed JOZ's application to cross-examine CMZ on parenting proposal; granted primary care of the children to JOZ with joint decision making between the parties.
July 29, 2020 -- Domestic Special.
Aug 13, 2020 and Aug 24, 2020 - Decisions:
Parties directed to provide therapeutic intervention for the purpose of reunification between children and father CMZ; order imposed parenting plan on the parties.
Sept 2020 - JOZ applied for permission to appeal parenting plan and reunification with father.
Sept 16, 2020 - permission granted to appeal and stay orders of August 2020.
Higher Court-directed parties to commence family reunification counseling with Dr. Froberg as soon as possible -- no later than Sept 30, 2020.
Nov 30, 2020- Expedited appeal heard.
Appellate Court decision:
The case management judge did not err in declining the appellant’s application to adjourn the contempt application to allow for cross-examination of the respondent CMZ. There was ample evidence that the appellant had breached the two previous parenting orders by unilaterally terminating the respondent’s access. Cross-examination of the respondent would not have assisted the appellant. Awarded costs against the appellant JOZ but imposed no relief for contempt.
The parenting schedule adopted by the case management judge has expired -the issue of its suitability is largely moot.
Dec 4, 2020: The appeal dismissed and the matter remitted to the case management judge for further determination.
Dec 8, 2020: Counsel for the father CMZ sent case management Judge a letter requesting a review of the parenting regime since the Reunification Counselling had commenced, matter originally set to be reviewed late Oct 2020. Requested appearance prior to the Christmas break.
Dr. Froberg provided an affidavit to the Court regarding the assessment of JOZ readiness and willingness to support reunification efforts:
“Based on her comments and actions, Ms. O’Driscoll does not appear to have accepted the validity and appropriateness of the Reunification intervention and is not indicating that she is willing to cooperatively participate in the process.”
Dec 15, 2020: JOZ and her counsel rejected the proposed Dec 15 case management review-- suggested a later date in January 2021.
CMZ's counsel responded to JOZ suggestion for 2021 date:
“I would not like to let this matter go until January as there is no parenting order in place and Mr. Zak has not seen his children for many months. As Mr. Wilson is still counsel of record I would ask that we proceed on December 15 and Ms. Miller can assume conduct of the file thereafter.”
[The week of December 14 to 18 was the last regular Court sitting week of the year].
Dec 15, 2020: Case management review held with CMZ, his counsel, and Dr. Froberg attending via WebEx.
Case Management Judge did not grant the relief sought by the father after the December 15, 2020 case management meeting and adjourned the matter to February 8, 2021, at the time of booking, for the reasons explained above, the matter was pressing and urgent.
Judge declined to make an order at the December case management meeting based on the mother’s assurances that she was cooperating with Dr. Froberg and would continue to be cooperative, thereby mitigating the need for a court order.
JOZ told Judge she believes in the reunification process. Dr. Froberg was requested to provide Judge with a report by the end of January after her further meetings with the children. Judge still anticipated receiving that report before the February 8, 2021 case management meeting.
Jan 18, 2021- Case Management Judge heard JOZ's application that the Judge be disqualified as the case manager for bias.
Feb 1, 2021 - Conclusion:
The mother, JOZ, did not meet the high burden to provide cogent evidence in support of her allegation of bias or reasonable apprehension of bias.
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No additional court-linked info available since Feb 1, 2021.
Reportedly, JOZ was initially granted primary care of the children with joint decision-making between the parties. I believe the mother took this for granted, and the Feb 8 review probably resulted in no progress or willingness by JOZ to cooperatively participate in the process which ultimately resulted in primary care of the children awarded to CMZ.
March 12, 2021: CMZ states the court awarded him full custody of the children on Friday but the children disappeared when they were supposed to be presented to him.
March 13, 2021: RCMP said they were called to the children’s home – in a rural residence near Cochrane – on Saturday morning for a report of two female missing children and two female missing adults.
“Leonine O’Driscoll-Zak, five, and Wyatt O’Driscoll-Zak, two, are believed to be in the company of their grandmother, Therese O’Driscoll, 68, and their aunt Alison O’Driscoll, 38, all from the area of Cochrane,” the RCMP said on Sunday.
“They were all last seen at approximately 9:30 a.m. on Friday at the children’s home.
“The children’s disappearance is currently being investigated as an abduction involving their grandmother and aunt.”
The children remain missing...