Urgent Covid 19 Child Custody Parenting Applications Lawyers

The top-rated Urgent Covid 19 Child Custody Parenting Applications Lawyers at MacLean law are working overtime to provide emergency support to families and children distressed by the current Covid 19 pandemic. MacLean Law 1 877 602 9900 is also in the process of creating a Town Hall Zoom conference for persons who have family law questions arising out of the Covid 19 virus pandemic and how it affects child parenting time and financial issues. Our Vancouver Covid 19 family lawyers are ready to help you. Contact our 6 Covid family law offices.

Lorne Maclean, QC  was recently featured in the National Post.

Urgent April 15, 2020 Update

A new decision from the Ontario Supreme Court in Ivens v Ivens 2020 ONSC 2194 confirms the developing law:

[6]               At the conclusion of the argument of this motion, I informed the parties that until I release my decision, I expect that the orders of Miller J. and in particular the terms described above, be obeyed. I rely on the comments of two judges of this court in recent COVID-19 related cases. In Wright  v. Ribeiro, 2020 ONSC 1829, Pazaratz J. stated that:

There is a presumption that all orders should be respected and complied with.  More to the point, there is a presumption that the existing order reflects a determination that meaningful personal contact with both parents is in the best interests of the child.

[7]               In Cooper v Teneyck  2020 ONSC 23789, Madsen J. wrote:

[14]      What is “urgent” at this time is that this mother and this father work together to adapt and shape their existing parenting order to work in the current circumstances. That order continues to govern. There is no presumption that COVID-19 permits a primary residential parent to terminate the children’s time with the other parent.

[emphasis in original]

 

URGENT April 6, 2020 UPDATE ALERT – Read Fraser MacLean’s blog on a new case setting out the rules courts will use for family urgent applications.

Here is the latest Vancouver Sun article on another new case.

New case where father who ignored COVID 19 Coronavirus safety recommendations gets virtual access only.

COVID 19 Coronavirus can impact the following family law issues:

1. parenting time and how the children go back and forth to both parent’s homes;
2. vacations;
3. medical decisions if a parent or child gets sick with the virus;
4. how schooling will be supported; and
5. how spousal and child support are impacted;
6. family violence; and
7. wrongful removal of children.

How ex-spouse’s deal with these issues promptly and whether they cannot agree will drive the number of urgent family law applications to the court.

Urgent Covid 19 Child Custody Parenting Applications

Our Urgent Covid 19 Child Custody Parenting Applications Lawyers explain that orders and agreements should be respected despite these challenging and daunting times unless there is a very good reason to depart from them. Parents really need to put aside their differences and focus on keeping themselves and their children safe and not use the pandemic to take unfair advantage. In today’s blog, founder Lorne MacLean, QC provides a summary of what is needed to have an emergency application heard in BC Supreme Court and BC Family Court and Alberta.

Call Our Vancouver, BC, and Calgary Urgent Covid 19 Child Custody Parenting Applications Toll-Free To Get Help Now 1 877 602 9900

Our Vancouver Covid 19 family lawyers can be reached at our toll-free line 1 877 602 9900. We can be reached during normal business hours and we will try to reach out promptly to people who leave messages for us after hours and on weekends. If you have questions concerning Urgent Covid 19 Child Custody Parenting Applications, call us immediately. We can also assist with changes in your income and the consequences for child and spousal support.

Coronavirus Family Lawyers

We live in a confusing and difficult time where parents and children are under threat of serious illness compounded by crushing economic pressures on separated families. Not surprisingly, parents who have separated may distrust the ability of the other parent to keep children safe during the virus pandemic. The problem is exacerbated when courts are closed to all but urgent and emergency family law matters. What happens when parents can’t work things out, children may be at risk, or worse still one parent uses the current situation to ignore or alter unilaterally a child parenting time order or agreement? These cases will often involve Urgent Covid 19 Child Custody Parenting Applications Lawyers. Our BC courts have issued new rules limiting family matters being heard. Having experienced Vancouver Covid 19 family lawyers

Click here to book a video consultation with us if you have a concern that you need any Urgent Covid 19 Child Custody Parenting Applications Lawyers assistance.

Urgent Covid 19 Child Custody Parenting Applications 1 877 602 9900

A new case from Ontario of Ribeiro v Wright, 2020 ONSC 1829  provides some guidance in cases where parents cannot agree on how children should be protected during the Covid19 pandemic. As Judge Pazaratz explained, “We are all going to have to try a bit harder – for the sake of our children.” With limited judicial resources and a rapidly changing landscape, parents need to act responsibly and try to attempt some simple problem-solving before they initiate urgent court proceedings. You can expect courts to assess if parents have made good faith efforts to communicate; to show mutual respect, and to come up with creative and realistic proposals that demonstrate both parental insight and COVID-19 awareness before straining limited court resources.

Ribiero gives clients and Urgent Covid 19 Child Custody Parenting Applications Lawyers an idea of how courts will approach the issues of  Urgent Emergency Covid 19 Virus Child Parenting Applications. In this case, the father had an outstanding application to increase his child parenting time but once the Covid virus pandemic struck the mother applied to cancel all of the father’s parenting time because she felt he would not take steps to keep their children safe on his time.

Here is what the judge said after he declined to hear the application as the Judge did not find the application was urgent or an emergency:

1. The health, safety, and well-being of children and families remains the court’s foremost consideration during COVID-19.  This is an extremely difficult and stressful period for everyone.
2. There is a presumption that all orders should be respected and complied with.  and that meaningful personal contact with both parents is in the best interests of the child.
3. Following public safety directives is important including social distancing and safety protocols.
4. Courts, lawyers, and parents have to work together to show flexibility and to promote both the physical and emotional well-being of children despite the practical limitation of the court system.
5. Despite the pandemic children’s lives – and vitally important family relationships – cannot be placed “on hold” indefinitely without risking serious emotional harm and upset.  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.
6. In most situations, there should be a presumption that existing parenting arrangements and schedules should continue, subject to whatever modifications may be necessary to ensure that all COVID-19 precautions are adhered to – including strict social distancing and parents and new partners being fully committed to following public health recommendations.
7. In some cases, custodial or access parents may have to forego their times with a child, if the parent is subject to some specific personal restriction (for example, under self-isolation for 14 days as a result of recent travel; personal illness; or exposure to illness).
8. In some cases, a parent’s personal risk factors (through employment or associations, for example) may require controls concerning their direct contact with a child and as Judge Panzaratz stated:

14And sadly, in some cases a parent’s lifestyle or behaviour in the face of COVID-19 (for example, failing to comply with social distancing; or failing to take reasonable health-precautions) may raise sufficient concerns about parental judgment that direct parent-child contact will have to be reconsidered.  There will be zero tolerance for any parent who recklessly exposes a child (or members of the child’s household) to any COVID-19 risk.

This case received press on March 30, 2020, in the National Post.

Urgent Covid 19 Child Custody Parenting Applications Lawyers 1 877 602 9900

Here is the protocol our Vancouver Covid 19 family lawyers think makes sense to be applied to Vancouver, BC, and Calgary as summarized by the Judge in Riebero:

20If a parent has a concern that COVID-19 creates an urgent issue in relation to a parenting arrangement, they may initiate an emergency motion – but they should not presume that the existence of the COVID-19 crisis will automatically result in a suspension of in-person parenting time.  They should not even presume that raising COVID-19 considerations will necessarily result in an urgent hearing. 

21We will deal with COVID-19 parenting issues on a case-by-case basis. 

a.The parent initiating an urgent motion on this topic will be required to provide specific evidence or examples of behavior or plans by the other parent which are inconsistent with COVID-19 protocols.  

b.The parent responding to such an urgent motion will be required to provide specific and absolute reassurance that COVID-19 safety measures will be meticulously adhered to – including social distancing; use of disinfectants; compliance with public safety directives; etc.

c.Both parents will be required to provide very specific and realistic time-sharing proposals which fully address all COVID-19 considerations, in a child-focused manner. 

d.Judges will likely take judicial notice of the fact that social distancing is now becoming both commonplace and accepted, given the number of public facilities which have now been closed.  This is a very good time for both custodial and access parents to spend time with their child at home.

24In family court we are used to dealing with parenting disputes.  But right now it’s not “business as usual” for any of us.  The court system will always be here to deal with truly urgent matters, especially involving children.  But that means there will be little time or tolerance for people who don’t take parenting responsibilities or COVID-19 seriously.

25I have carefully reviewed the materials filed on this case.  Even in the absence of responding materials from the father, I have had the benefit of considering the e-mails he exchanged with the Applicant’s lawyer in relation to COVID-19 considerations.

26While the mother’s concerns about COVID-19 are well-founded, I am not satisfied that she has established a failure, inability or refusal by the father to adhere to appropriate COVID-19 protocols in the future.  

27Every member of this community is struggling with similar, overwhelming COVID-19 issues multiple times each day. 

a.The disruption of our lives is anxiety producing for everyone. 

b.It is even more confusing for children who may have a difficult time understanding. 

c.In scary times, children need all of the adults in their lives to behave in a cooperative, responsible and mature manner.  

d.Vulnerable children need reassurance that everything is going to be ok.  It’s up to the adults to provide that reassurance.

e.Right now, families need more cooperation.  And less litigation.

Vancouver Calgary Covid 19 family lawyers

Call our Vancouver Covid 19 family lawyers right away if you have an urgent Urgent Covid 19 Child Custody Parenting Applications Lawyers or financial issue regarding your children. Our Vancouver coronavirus 19 family lawyers await your video or telephone consultaion.