Co-Parenting In The Face Of COVID-19

The government has directed Saskatchewan families to stay home, schools and daycares are closed, extra-curricular activities are cancelled, and words like "self-isolation" and "quarantine" are a part of daily conversation. Shared parenting is more complicated than ever. Here are some of the concerns facing parents during this challenging time:

School and daycare closures have interrupted shared parenting schedules; Public places where parents used to exchange children have closed; One parent might be ignoring proper social distancing measures; Children might be travelling with a parent outside of the province or country; Children or parents might have conditions that make them more vulnerable to COVID-19; and Parents might be at higher risk for contracting COVID-19 through their employment and more likely to pass on the virus to their children. In this article, I summarize the Courts' approach to COVID-19 parenting issues so far and offer strategies to assist separated parents with shared parenting during the pandemic.

How the Courts are Deciding Parenting Issues During the COVID-19 Pandemic

The Saskatchewan Court of Queen's Bench is closed to most matters but will hear family law matters on an urgent and emergency bases. What constitutes an "emergency" family law matter during the COVID-19 pandemic has been considered by courts in several jurisdictions.

1. COVID-19 Parenting Concerns Can be Seen as Emergent

   Parents may bring emergent Court applications if they can show that a COVID-19 issue has created an urgent parenting problem.1 However, simply raising a concern will not necessarily result in an urgent hearing date being set or in a court deciding to suspend one parent's parenting time. Before hearing an emergency application, the Court has advised parents to first attempt to problem solve between themselves or through their lawyers. We have provided a broad overview of the Court process during the COVID-19 pandemic here.

2. Evidence Needed to Show that a COVID-19 Parenting Concern is Urgent

   If a parent feels that a COVID-19 issue has created an urgent parenting problem that must be decided by a Court, the following evidence is necessary to convince the Court that the issue is urgent:

   The parent bringing the urgent Court application will be required to provide specific evidence of behaviour by the other parent that places the child at risk; The parent responding to the application must provide evidence that COVID-19 social distancing and...