Coronavirus and Child Custody and Access – What’s a Concerned Parent To Do?

Even during the Coronavirus pandemic, parents with custody of children must follow court orders and agreements which provide the other parent access to the children. The pandemic is not an opportunity to stop following the current parenting schedule.

Coronavirus disease (aka COVID-19) is an infectious disease caused by a new strain of coronavirus called SARS-CoV-2 virus.

One exception is if the current parenting schedule would genuinely put your children’s safety at risk. For example, if your ex and their household are currently infected with Covid-19 and you have evidence they are not following Covid-19 safety precautions.

Another exception is if you or your children are required to quarantine or self-isolate. For example, if you and your children have returned from abroad and are required to self-isolate for 14 days.

If at all possible, you and your ex should try to agree how to address safety risks to the children. For example, if your current court order or agreement provides that you meet at a public place to pick up or drop off the children, and that public place is closed because of Covid-19 lockdowns, it may be helpful or necessary to meet elsewhere.

If you and your ex cannot agree, you may have to bring the matter to court. Currently, the Family Courts in Ontario are largely proceeding by way of teleconference or videoconference. There are also significant delays in obtaining court dates, because of the backlog in cases which accumulated during the pandemic.