“COVID-19 cases are on the rise in Ontario. Do I really have to facilitate my ex’s access time with our kids?” The amount of COVID-19 cases in Ontario continues to increase. As of April 10th , there are more than 6,200 confirmed cases of the coronavirus in the Province, with the majority of cases in the Greater Toronto Area – Global News Since this pandemic began, the Canadian Government has been urging Canadians to do one thing: stay home. But for many Canadian children with separated parents, this is not practicable, as those families likely have an existing agreement or court order specifying the duration and frequency of each parents’ time with the children. Many separated parents may be tempted to interfere with the existing parenting arrangements amid COVID-19, citing safety concerns as the rationale, but the courts in Ontario have been pointedly clear that this is not appropriate. Worse, if a parent does unilaterally alter the child(ren)’s schedule with the other parent, the Courts have been clear that there may be consequences for that parent once regular court operations resume – Canlii According to Justice Pazaratz of the Ontario Superior Court – Canlii, existing parenting arrangements and schedules should continue in the majority of cases, while potentially making changes to transportation or exchange locations to ensure physical distancing guidelines are followed – Global News If an issue does arise with respect to the existing parenting arrangements, such that it is no longer safe to facilitate parenting-time between your child and your ex, you may meet the test for “urgency”, which would allow your matter to be put before a Judge. In order for your matter to be considered “urgent”, based on the jurisprudence to date in this unprecedented area: Your concern must be immediate, meaning that in no circumstances could it wait for resolution at a later date; Your concern must be serious enough in that it significantly affects the health, safety or economic well-being of you, your ex and/or your children; and Your concern has to be rooted in real evidence. It cannot be speculative or theoretical. If your matter is not urgent, the Courts are encouraging parents, now more than ever, to work together to show flexibility, creativity and common sense — to promote both the physical and emotional well-being of children. Children always need the love, guidance and emotional support of both of their parents, but they need it even more during these unprecedented, troubling and scary times – Canlii If one parent is self-quarantined after travel or possible exposure to the virus, and direct physical contact with his/her child is therefore inappropriate at this time, it is important that parents work together to ensure that a child’s relationship with that parent is not negatively affected in any way. Various communication outlets such as Facetime, Zoom, Skype, etc. can help with that and your willingness to engage your child(ren) in these types of video chats demonstrates your ability to support and encourage your child(ren)’s relationship with their other parent and act in accordance with your child(ren)’s best interests. For more information on these issues, as well as information as to how COVID-19 affects child and spousal support, listen to episodes 45, 46 and 47 of the Ontario Family Law Podcast by John Schuman, Certified Specialist in Family Law and managing partner of the Family Law Group at Devry Smith Frank LLP – Devry Law Podcasts By Fauzan SiddiquiBlog, COVID-19, Family LawApril 13, 2020September 30, 2020
I Want to move Provinces However, I am Aware That I’d Need the Permission of My Child’s Father to Do So. But, can My Child’s Father Move Without My Permission? If you, as a primary parent, want to move, you would need your ex’s permission because naturally, moving will interfere with him parenting your son. However, if he moves, then he will be interfering with his own time with your son, and, presumably, that will not affect your time with the child(ren). However, if he is moving away anyway, then it will be hard for him to deny you permission to move because your moving will not affect him or his time with your son, If you were emigrating to another country, then he might have a reason to oppose. However, chances are if he is moving considerably further away from that he may not be able to continue to see your son on weekends, then there is no reason to oppose you moving. Deciding whether to permit one parent to relocate with the child(ren) is one of the most difficult dilemmas judges face and they consider a lot of factors in deciding whether to allow a parent to move away with the child/ren. The most important of these factors and perhaps the only one the judge will care about when drawing upon a decision is what is in the best interest of the child. If your ex-partner refuses to give you permission to move, then you should explore the option of beginning family court proceedings without delay. Without your ex-partner’s consent, you cannot relocate with your child/ren and a judge could order you to return with the child/ren. – There are consequences for preventing access to the other parent and it would be, in most cases, impossible for a lawyer to predict, with certainty, how a judge will decide a “mobility case” – each case depends on its own specific facts. Having said that, your ex-partner may even have to pay some or all of your legal fees, if his reason for opposing your move is deemed unreasonable. Furthermore, a parent having to spend an excessive amount to exercise access is one of the few bases on which a judge can reduce child support below the Table Amount in the Child Support Guidelines. That may not impact your decision to relocate after all, but it is something to consider. It is certainly more problematic for a parent to ask for a reduction of child support because of travel costs if the parent freely relocated and chose to incur those costs. For more information regarding divorce, property division, marriage contracts or any other family law-related topic, contact Toronto family lawyer John Schuman at 416-446-5080 or John.Schuman@devrylaw.ca. “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.” By Fauzan SiddiquiBlog, Family LawMarch 13, 2019June 14, 2020
