Ontario Family Court Opinion
On March 24, 2020, Justice A. Pazaratz of the Hamilton Family Court in Ontario, Canada issued an opinion regarding visitation during the COVID-19 crisis. This opinion has so many great points that we thought we should share its content with you. While we recognize that the opinion reflects that of a Canadian Judge, family law courts all over world are currently struggling to create fair guidance for everyone. Common sense and compassion for all can be universal, and those qualities are what Justice Pazaratz suggests should guide us during these challenging times.
Social Distancing Concerns and Custody During COVID 19
The specific situation addressed in the opinion is one that many 2-household parents have faced in the last several weeks. The parties had been divorced since 2012, and while the child had lived primarily with Mom, Dad had also always had access. In 2019, Dad filed a motion to expand parenting time with the child, and as a result, a temporary order governed expanded visitation time for their son. Mom filed an Emergency Motion with the Court, asking that Dad’s visitation with their son (now 9 years old) be halted during the COVID-19 crisis. Mom claimed in her Emergency Motion that she did not believe that Dad would keep their son safe from COVID-19 risks or observe social distancing protocols. She had self-isolated her family, and wanted the child to be subject to the same strict isolation – i.e., not leaving Mom’s home for any reason – to include visitation with Dad.
Emergency Custody Decisions Due to COVID 19 Concerns
Justice Pazaratz denied this Motion, determining that it did not qualify as an emergency, and used the opportunity to issue a reminder that now, in the times of COVID-19, we have to be mindful of a changing world.
He acknowledged the inherent challenge: a parenting order that directs specific time for Dad to spend with son versus national and international health organizations and government entities advocating for isolation and for suspension of usual daily activities. He cautioned, however, that these two sides do not necessarily have to be at odds with one another.
Some of the key points from the ruling include the following:
- We don’t know how long this pandemic is going to last. It’s a scary situation but that means that we’re going to have to adapt. Adaptation means that we have to do everything differently and responsibly, with COVID-19 health and safety measures in place. That includes following parenting orders.
- Because we don’t know how long this may last, it’s not reasonable to suspend visitation with a parent who hasn’t actually put a child in danger. The ruling reminds everyone that should a parent be demonstrably exposing a child to COVID-19 related harm, then that would be appropriate cause for an emergency hearing. But as it stands right now, speculation or general anxiety about COVID-19 can’t be the reason to remove a parent from a child’s life for an undetermined period of time, since that is not in the best interest of the child.
- Parenting orders might include provisions or arrangements that are no longer possible because of COVID-19. Justice Pazaratz advises that Courts will always be more inclined to work with parents on unsolvable issues if parents have tried to work things out themselves first. (This is always true, whether or not COVID-19 is a factor). For example, if visitation is to occur at a park that is now closed due to COVID-19, then the visitation should occur somewhere that follows COVID-19 social distancing regulations instead. If a parent works in a field that presents extra challenges regarding COVID-19 exposure (like working in healthcare, or at a grocery store, etc.), then extra precautions regarding the use of disinfectants, social distancing measures both during visiting time and exchanges, and self-quarantining for up to 14 days if necessary, are imperative. If there is a blended family situation, then everyone in both homes needs to be equally taking those same precautions to protect the child who travels back and forth.
- Most importantly, the bottom line is that the best interest of the child should be protected. In a challenging time like this, children need reassurance and maturity from both of their parents, and indeed from all the adults in their lives. Maintaining important parental relationships is key. Justice Pazaratz cautioned that there will be no easy answers, and that the only real way to get through this is to try to work together.
COVID-19 and Emergency Custody in Virginia Family Law Court
To sum things up, Courts will likely not grant emergency hearings on motions regarding COVID-19 concerns unless there exists a clear and present danger or risk to the child or children in question. If you would like to speak to an attorney about this, or any other family law issue, contact us at www.cgglawyers.com or (703) 934-1480.