The Ontario courts are telling us that children’s lives cannot be placed on hold without risking serious emotional harm and upset to the children. However, some parents may have to forgo time with their child if they are under self-isolation due to recent travel or exposure to COVID-191.
It’s all about what’s in the best interest for the child and providing love and support from both parents. In some cases, a parent’s behaviour may raise concern about parental judgement and that will need to be taken into consideration. This can include failing to comply with social distancing, or not taking responsible health precautions.2
Parents with a shared custody agreement can refer to the Ontario Superior Court’s recent case, Ribeiro v Wright, 2020 ONSC 1829 (CanLII) for guidance on how to navigate this new normal.
In summary:
• The court says existing parenting arrangements and schedules should continue with modifications to ensure COVID-19 precautions, such as physical distancing, are being followed.2
• In some cases, the court says parents may have to forgo their time with the child if they have to self-isolate because they’ve become ill, they’ve travelled abroad, or they’ve been exposed to someone with the illness.2
• The Ontario Superior Court judge says there should zero tolerance in the eyes of the court for any parent who recklessly exposes a child (or members of the child’s household) to any COVID-19 risk.2
• There may need to be changes to transportation, exchange locations, or any terms of supervision, according to the court.2
• In step-families, the court says parents will need assurance that COVID-19 precautions are being maintained in relation to each person who spends any amount of time in a household – including children of former or new relationships.2
• For the sake of the child, all parties must find ways to maintain important parental relationships.2
There will be no easy answer, for every household is different, but the need for collaboration and to work on developing new custody arrangements could be the best option for both parties.
The province of Ontario has set up a free legal aid hotline for residents unsure of their obligations during COVID-19.
Toll-free: 1-800-668-8258
Greater Toronto Area: 1-416-979-1446
The Law Society of Ontario has also launched a hotline where you can be connected with a family lawyer who will provide 30 minutes of free legal advice.
Crisis Line: 416-947-5255
Toll Free: 1-855-947-5255
www.findlegalhelp.ca
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References
1Loriggio, P. (2020, March 30). Parents should respect custody arrangements during COVID-19 pandemic: Ontario courts. Retrieved April 13, 2020, from https://globalnews.ca/news/6753749/custody-agreements-ontario-courts-covid-19/
2 Ribeiro v Wright, 2020 ONSC 1829 (CanLII),