A recent family law case from the Ontario Court of Justice reminds individuals and lawyers that it is important to make a temporary agreement about decision making for children before either parent moves out. In Panaia v. Alves, 2020 ONCJ 255, Justice O’Connell found that the father had consented to the mother leaving with the child and then cited s. 20(4) of the Children’s Law Reform Act. S. 20(4) says:

Where the parents of a child live separate and apart and the child lives with one of them with the consent, implied consent or acquiescence of the other of them, the right of the other to exercise the entitlement of custody and the incidents of custody, but not the entitlement to access, is suspended until a separation agreement or order otherwise provides.

S. 20(4) applies to all parents at the Ontario Court of Justice and unmarried parents at the Superior Court of Justice. During this time when access to courts is limited, it is more important than ever for parents to leave home with a parenting plan in place. Otherwise they will be surprised to know that their right to be involved in decision-making for their children has been automatically suspended and will continue to be suspended until their former spouse agrees or a court orders otherwise.