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Covid 19 Improper Child Parenting Denial

COVID 19 Improper Child Parenting Denial cases are exactly the type of situations that mature and responsible separated parents should avoid during these difficult times. In our blog on urgent family law applications, we urged parents to act in good faith and not use the COVID 19 Coronavirus crisis to take advantage during child custody and parenting time disputes. In today’s blog, founder Lorne MacLean, QC, notes that judges will be alive to parents taking unfair advantage and acting contrary to children’s best interests. Our lawyers protect you and your children from the negative impact of improper child access denial.

A recent Vancouver Sun article points out courts are still hearing urgent family law matters so do not delay. A recent Globe and Mail article talks about a tsunami of cases involving COVID -19 improper child access denial.

COVID 19 Coronavirus Lawyers Can Help

Our 6 COVID 19 Improper Child Parenting Denial lawyers offices are open across BC and in Calgary Alberta and if you face COVID 19 Improper Child Parenting Denial problems we urge you to call us immediately at  1 877 602 9900.

Now is the time to come up with realistic solutions that support children of separated parents.

A brand new COVID 19 Coronavirus family dispute case out of Ontario allowed a mother, who was a front line health care nurse at Sunnybrook Hospital, to bring on an urgent application to enforce her court-ordered parenting time. She was forced to bring on the application after the father denied her parenting time with their youngest child saying her exposure to COVID 19 at the hospital would put the child at risk for COVID 19 Coronavirus infection.

COVID 19 Improper Child Parenting Denial Lawyers 1 877 602 9900

As top rated Coronavirus COVID 19 family lawyers, we are worried about two types of parents who use the COVID 19 Coronavirus pandemic to improperly disobey or unilaterally change child custody, parenting times and child access orders. The most common parent might be the “naive” parent who worries about their child getting sick while being with the other parent although their concerns are in reality groundless. The second and more insidious type of parent is the “Machiavellian parent” who uses the COVID 19 Coronavirus crisis to further their agenda to deprive the other parent of time with a child when they know there is no legitimate basis for the denial hoping the other parent will give up or court closures will aid their scheme. Children have the right to “maximum contact” with both parents as our founder Lorne MacLean, QC established in the seminal SCC case of Young v Young where he acted successfully for Ms. Young who obtained sole custody, 100 percent of the family home, spousal and child support and special costs.

Courts across Canada have emphasized COVID 19 Improper Child Parenting Denial is not appropriate as set out in our earlier COVID 19 blogs.    Check out a recent article on the topic of COVID 19 improper child parenting denial and improper child access denial.

COVID 19 Improper Child Parenting Denial 1 877 602 9900

So what can a parent do if they face a situation of COVID 19 Improper Child Parenting Denial?  An urgent child access denial application in Zee v. Quon (March 27, 2020), ONSC, E.L. Nakonechny was allowed because the mother’s urgent motion dealt with the suspension of her access rights to her eight-year-old daughter and included a personal protection order request that the father be restrained from contacting her place of work.

Mother Attempted First To Negotiate Compliance With Order Before Coming To Court

To her credit, the mother attempted directly and through counsel to reinstate the court-ordered access. Her attempts proved futile. The father refused to give the child to the mother until after the COVID-19 pandemic concluded because of the mother’s occupation as a nurse at the hospital. Parental alienation was potentially at play as the parties’ older children wrote nasty letters attacking the mother during the proceedings. The judge noted the older children refused to see their mother and the father’s actions concerning the younger child were viewed through this lens in part.

The judge was unimpressed with the father’s actions and stated:

“[i]t is in the child’s best interests to return to the equal time sharing schedule that has been in place for some time. The [father’s] proposal that the child remain with him for an indefinite period with only Facetime access to the mother is not in the child’s best interest. It disrupts the status quo and it signals to the child that the mother may not be capable of caring for her and keeping her safe.”

Health Care Workers Not A Danger To Their Children

The Court also found that, as health care professionals, the mother, and her employer are “are well aware of the protocols to prevent transmission of infection” and necessary precautions would be taken if the mother returned to work.

If you have a COVID 19 Improper Child Parenting Denial concern or a case where you have a legitimate concern over your child being at risk during parenting time call us immediately to try to work out a reasonable and principled solution.