Parents who are separated and divorced face unique challenges during Covid-19. The first and most important question is: How do children should self-isolate at “home” when the children have two homes? So far, the message from our courts has been that existing parenting plans and and orders should be followed, even when that means children will be moving back and forth between households frequently. But, the family courts have also been very clear that parents need to follow public health guidelines and to adjust their parenting schedules to comply with those guidelines where necessary.
If both households are following current Covid-19 protocols then the regular pre-Covid-19 schedule should be followed. But, there are always exceptions. When there are legitimate and specific concerns about heightened Covid-19 risk, including because of travel or illness, parents are expected to be creative and to come up with revised plans that preserve and promote the parent-child bond for both parents. Parents should not use Covid-19 as an opportunity to make unilateral changes to parenting schedules. It is important to remember that as public health recommendations change, what is reasonable in terms of co-parenting plans will also change. For the most up to date legal recommendations, check with a lawyer. Or, if that is not an option, search for the latest cases on your own at http://www.Canlii.org using the search terms “Covid” and “parenting”.
If parents are not able to negotiate changes together on their own, lawyers, mediators and parenting coordinators are available to help. Turning to the courts is still possible, but court should be used as a last resort. Court hearings were restricted to emergencies only across the province from March 17th until April 6th, and have only started to open up for some limited non-emergency case conferences, and even then only in some regions. For the latest on what is happening in the courts see https://www.ontariocourts.ca for the most up to date notices and regional practice directions.