Custody, Access and Covid19 Posted onJune 30, 2020September 29, 2020/ Kenna Bromley In the recently decided case of Ribeiro vs Wright, the Ontario Superior Court of Justice affirmed that parties with a pre-existing separation agreement or court order in place with respect to access rights cannot unilaterally change their access schedule on the basis of COVID-19. The court stated that parties should not attempt to take advantage of the current challenges in relation to COVID-19 and seek to unilaterally not put in place different schedules for access. Parents who share custody of their children should continue to respect custody agreements during Covid-19 and continue their split parenting arrangements with their former spouse unless there is specific evidence that the child’s health is at risk. CHALLENGES AFFECTING PARENTS & ACCESS DURING COVID-19 There are some challenges in relation to access rights and issues that affect family law matters in relation to COVID-19 – including but not limited to the following: Parents who are unable to work from home and have to interact with the general public on a regular basis Example: Individuals who are considered to be essential workers (Nurses, Grocery Clerks, etc.) Parents returning home to Canada from abroad who must self isolate for a period of 14-days Parents who fail to comply with social/physical distancing recommendations from public health or parents who fail to take reasonable health precautions in relation to the safety of their children Parents who rely on their own parents for child care EMERGENCY ORDER IN ONTARIO COURTS & FAMILY LAW As Ontario courts are still closed and operating in a virtual capacity due to the emergency order in place currently, courts are continuing to only hear urgent matters on a case-by-case basis. If you have additional questions pertaining to family law matters, access or additional COVID-19 related issues related to family law, feel free to contact the lawyers at Devry Smith Frank LLP to discuss your rights and options. “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” Authors Kenna Bromley 249-888-6641 249-888-6641 kenna.bromley@devrylaw.ca Related Posts Posted onFebruary 28, 2017June 18, 2020/ John P. Schuman My Boyfriend Has Been Denied Access to His Son. Can He Fight for More Rights to Him? My boyfriend’s ex-girlfriend had his son in late November 2016. He is unable to see his son often and she won’t allow him to have him alone as she doesn’t think he can care for him. There is no paperwork in place yet but he’s worried she will ruin his life if he does not [...] Read more December 12, 2016, Fauzan SiddiquiFauzan Siddiqui Denied Access To Your Child? Here’s What You Need To Know Breaking up, as they say, is hard to do. Where there are children in the equation, the question of a parent’s access to the child(ren) can add substantially to the hardship. All too often, the animosity associated with separation leads one parent to frustrate the other’s access to the child(ren). In the following, we discuss [...] Read more