Posted by Graeme Maitland — filed in Family Law
A recent decision out of Ontario deals with parenting time during the COVID-19 pandemic. Justice A. Pazaratz, writing as a triage judge in Ribeiro v Wright, has made a ruling that lays out when parenting time maybe curtailed due to COVID-19.
The parties had joint custody of their nine year old son with primary residence with the Mother. The Father always had access and was currently seeing the child ever other weekend.
The Mother, concerned that the Father would not practice social distancing, and currently social distancing herself with the child, argued that the child shouldn’t leave her care and her home.
The Judge instructed the parties to balance the health of the child with their best interests to see both parents. The Mother did not prove that the Father would not adhere to social distancing and her application was dismissed.
The Court was clear that the default should be that parenting time continue as per standing court orders. However, there were three major conditions that would cause the court to reconsider the orders:
If you would like legal advice regarding parenting time and access, contact a lawyer at Aarbo Fuldauer LLP in Calgary.
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