What Should Parents Do If They Are Worried About Children Moving Between The Parties' Homes During COVID-19?

In these trying and uncertain times, many family law clients are wondering how to navigate the legal system during COVID-19. Challenges facing clients today include the recent closing of many court resources, court dates being postponed, and mediations and other alternative dispute resolution processes being delayed. Amid all these hurdles, family law clients face the same difficult issues, which in some cases have been exacerbated by the COVID-19 crisis, including shared parenting during social distancing recommendations.

Parents have serious concerns currently about children who have access with the other parent. The message from all levels of government and public health officials is that we are encouraged to follow a strict policy of social distancing and limiting community interactions as much as possible.1 Does this mean that one parent can deny all access to the other parent in favour of social distancing and if not, what parameters are appropriate in the circumstances?

These exact questions where before the court on March 24, 2020 in the recent case of Ribeiro v Wright.2 The Mother sought to suspend all in-person access to the Father because of COVID-19 in favour of practicing social distancing. While the Mother was not successful in convincing the court that the matter should proceed urgently, the court did provide useful guidelines for parties and counsel when considering these issues.

The court acknowledged that the health, safety and well-being of children and families remains the court's foremost consideration during COVID-19, and that the court must balance existing access time with public directives for strict social distancing.3 The court concluded that unless there are reasons to limit parenting time "a blanket policy that children should never leave their primary residence - even to visit their other parent - is inconsistent with a comprehensive analysis of the best interests of the child. In troubling and disorienting times, children need the love, guidance and emotional support of both parents, now more than ever".4

However, the court did acknowledge that while the presumption is that existing parenting arrangements should continue, there are cases where modifications need to be made. These modifications may include as follows:

Custodial or access parents may have to...