(TORONTO, ONTARIO) — Judge Kristjanson of the Superior Court of Justice in Toronto, Ontario, recently ruled against Elizabeth Minett’s accusations of child abuse against Edward Herztock as they pertained to their son, Lyon.
According to court records, in 2021, Minett attempted to open a child abuse case against Herzstock while also withholding the boy from time with his father.
After the first investigation was opened and closed within a week and a second within a month, court records show the judge called the mother’s allegations “unsupported” and “lacking in credibility.”
“The mother’s affidavit is filled with vitriol attacking the character of the father, generally to establish that the father lacks credibility and would be a flight risk (i.e., he would abduct Lyon), and so there should be no parenting time outside Ontario,” Judge Kristjanson said in court records. “I do not accept this. Most of the examples relate to the father’s conduct in business. Much of it is inadmissible hearsay. Most of it appears to predate the child’s birth. The father here is seeking to continue his bond with his child, despite many roadblocks set up by the mother. I would expect her to refrain from this kind of attack in the future.”
After reviewing the case and interviewing Lyon, court records show that Huron-Perth CAS (Child Services in Ontario Canada) found all allegations (Allegation 31C-Adult Conflict/Risk of Emotional Harm and Allegation 11F-Risk of Physical Harm) not verified and inconclusive. However it is noted by the investigator “Lyon [the child] is not displaying any signs of emotional distress, although confused about not seeing his father”.
“This, together with other evidence, indicates that the mother is not supporting the child’s relationship with the father,” she said. “I was also concerned with the vitriol in the mother’s affidavit about the alleged character of the father.”
At the conclusion of the case, the judge ruled in favor of regular and predictable parenting time split between both parents while increasing Herzstock’s parenting time and ordered the mother to pay costs of $10,000.00.
“I find that the mother has not established a risk of harm to the child’s safety that would lead to a requirement for supervised access,” judge Kristjanson said in court records. “Here, the father has had overnights with the child since 2020. Although the mother now asserts in her affidavit that she had concerns about physical abuse since shortly after separation, this is belied by her conduct. In March 2021, she consented to an Order that allowed the father to have three overnights every two weeks. This continued and, I find, expanded, even after the temporary order expired in September. She states that in November, she had increased concerns about physical abuse yet allowed the father to continue with overnights until December. Again, the mother’s actions at the time speak louder than the words in the affidavit.”
Herzstock was presented by Patel Leonard, LLP, out of Brampton, Ontario.