A Look at Family Law During The Pandemic

Thursday, 23 April 2020 06:00

At this time, non-urgent matters in the Ontario courts have been suspended, with only urgent matters being heard, and not in person, but by teleconference.

OXFORD COUNTY - The parameters for a blended family on a regular day can be complicated to say the least, factor in a pandemic, it can become outright messy.

Lawyers are being extra careful as to the advice they are giving their clients about custody, and access during the unprecedented time of a pandemic.

At this time, non-urgent matters in the Ontario courts have been suspended, with only urgent matters being heard, and not in person, but by teleconference.

For Family Lawyer, Sandra Carnegie of Woodstock, she says the changes to our children’s daily routines has left many parents confused about how to maintain access and parenting schedules.

"If you are a parent wanting to initiate a motion to vary access schedules based on COVID-19 concerns, keep in mind that our courts only have the capacity to deal with urgent family law motions at the present time. Raising COVID-19 concerns does not necessarily mean a court will consider your motion urgent."

Carnegie is telling her clients that the court will look at each case on its own facts, however, there has been one case already that is being relied upon by the judiciary when making determinations related to urgency during the pandemic. Carnegie urges parents to reflect on the guidelines provided by the court.

The general guidelines on the issue of access during the COVID-19 pandemic include:

- In some cases, custodial or access parents may have to forego their times with a child, if the parent is subject to some specific personal restriction (i.e. under self-isolation for 14 days as a result of recent travel, personal illness or exposure to illness);

- In some cases, a parent’s personal risk factors (i.e. through employment or associations) may require controls with respect to their direct contact with a child;

- In some cases, a parent’s lifestyle or behaviour in the face of COVID-19 (i.e. failing to comply with social distancing or failing to take reasonable health precautions) may raise sufficient concerns about parental judgment that direct parent-child contact will need to be reconsidered;

- Safeguarding social distancing during access exchanges may result in changes to transportation, exchange locations, or any terms of supervision;

- In blended family situations, parents need assurance that COVID-19 precautions are being maintained in relation to each person who spends any amount of time in either parent’s household.

Carnegie reflects on the words of Justice Pazaratz, who stated “with limited judicial resources and a rapidly changing landscape, we need parents to act responsibly and try to attempt some simple problem-solving before they initiate urgent court proceedings.”

Nonetheless, His Honour provided the following procedural guidelines should a parent initiate a motion:

- The parent initiating an urgent motion will be required to provide specific evidence or examples of behaviour or plans by the other parent which are inconsistent with COVID-19 protocols;

- The parent responding to such an urgent motion will be required to provide specific and absolute reassurance that COVID-19 safety measures will be meticulously adhered to – including social distancing; use of disinfectants; compliance with public safety directives; etc.;

- Both parents will be required to provide very specific and realistic time-sharing proposals which fully address all COVID-19 considerations, in a child-focused manner;

Carnegie says if there are true legitimate concerns, then parents can reach out to their lawyer, but it is best to come to common ground and work together.

"Judges will likely take judicial notice of the fact that social distancing is now becoming both commonplace and accepted, given the number of public facilities which have now been closed. This is a very good time for both custodial and access parents to spend time with their child at home."

The Carnegie Law Office is a boutique family law office with over 20 years of experience, practicing in Woodstock.

On Air Now

Now Playing

A Look at Family Law During The Pandemic

More from Local News

Comments