COVID-19 Changes In Child Custody disputes are giving rise to numerous calls to our 6 family law offices in BC and Alberta. People are frightened for their children as a result of the pandemic and want to protect them by changing child custody arrangements and some ex-spouse are trying to improperly use COVID – 19 Coronavirus to block the other parent’s time with children of separated families. Today, Rana Yavari of our Vancouver office explains the rules on when changing child custody is right or wrong.
COVID-19 Changes In Child Custody 1 877 602 9900
The World Health Organization declared COVID-19 a pandemic due to its severity and rapid global spread. This pandemic has caused unique challenges for parents who are living separate and apart.
We have seen a surge in the number of people contacting MacLean Law as a result of the other parent denying them their parenting time with their children. These self help COVID-19 Changes In Child Custody are in many cases inappropriate.
The tenor of the recent family law decisions on disputes regarding COVID-19 Changes In Child Custody is that all custody court orders and agreements between the parents concerning parenting time should be complied with to the greatest extent possible. COVID-19 Coronavirus pandemic should not be used as an excuse to deny parenting time. Courts have found withholding parenting time in contravention of a court order to be an urgent matter. If one parent believes the other parent is exposing their child to the coronavirus, there has to be some proof. Check out how to get in front of a judge on urgent family law applications including improper changes to child custody disputes.
Parents must act responsibly in the face of the COVID-19 pandemic to ensure that children’s safety is protected, but keeping them safe doesn’t mean denying them the love and support they need from the other parent. In troubling and disorienting times, children need the love, guidance and emotional support from both parents, now more than ever. COVID-19 Changes In Child Custody court orders will likely be rare and of extremely short duration on a without prejudice basis to the former child custody regime and will likely to be reviewed once there are changes in the COVID 19 social isolation protocols.
COVID-19 Changes In Child Custody 1 877 602 9900 Lawyers
The recent decision of Ribeiro v Wright, 2020 ONSC 1829 sets out how courts expect parents to act responsibly and try to attempt some simple problem-solving before they initiate urgent court proceedings:
23 Judges won’t need convincing that COVID-19 is extremely serious, and that meaningful precautions are required to protect children and families. We know there’s a problem. What we’re looking for is realistic solutions. We will be looking to see 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.
24 In 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.
27 Every member of this community is struggling with similar, overwhelming COVID-19 issues multiple times each day.
- The disruption of our lives is anxiety-producing for everyone.
- It is even more confusing for children who may have a difficult time understanding.
- In scary times, children need all of the adults in their lives to behave in a cooperative, responsible and mature manner.
- 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.
Call Our BC and Calgary Family Lawyers If You Need Help Fast 1 877 602 9900
Parents are encouraged to work together to show flexibility and common sense to promote both the physical and emotional well-being of children. If you are not able to reach an agreement with the other parent or believe your child is at risk of being exposed to the virus, we encourage you to contact one of our COVID-19 parenting lawyers to discuss your case.
