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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 03-24-2020, 05:11 PM
Kinso Kinso is offline
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Default COVID19 Ruling from Justice Pazaratz - Changing Access

Justice Pazaratz from the Hamilton Family Court made a ruling (attached)

Some quotes are:

[10]None of us know how long this crisis is going to last. In many respects we are going
to have to put our lives “on hold” until COVID -19 is resolved. But children’s lives –
and vitally important family relationships – cannot be placed “on hold” indef initely
without risking serious emotional harm and upset. A blanket policy that children
should never leave their primary residence – even to visit their other parent – is
inconsistent with a comprehensive analysis of the best interests of the child. In
troubling and disorienting times, children need the love, guidance and emotional
support of both parents, now more than ever.

[11] In most situations there should be a presumption that existing parenting
arrangements and schedules should continue, subject to whatever modif ications maybe necessary to ensure that all COVID-19 precautions are adhered to – including
strict social distancing.

[12] In some cases, custodial or access parents may have to forego their times with a
child, if the parent is subject to some specif ic personal restriction (for example, under
self -isolation for a 14 day period as a result of recent travel; personal illness; or
exposure to illness).

[13] In some cases, a parent’s personal risk f actors (through employment or associations,
for example) may require controls with respect to their direct contact with a child.

[14] And sadly, in some cases a parent’s lifestyle or behaviour in the f ace of COVID -19 (for example, failing to comply with social distancing; or failing to take reasonable health-precautions) may raise sufficient concerns about parental judgment that direct parent-child contact will have to be reconsidered. There will be zero tolerance for any parent who recklessly exposes a child (or members of the child’s household) to any COVID-19 risk.

...

[21] We will deal with COVID-19 parenting issues on a case-by-case basis:

a. The parent initiating an urgent motion on this topic will be required to provide
specif ic evidence or examples of behavior or plans by the other parent which are
inconsistent with COVID-19 protocols.

b. The parent responding to such an urgent motion will be required to provide
specif ic and absolute reassurance that COVID-19 safety measures will be
meticulously adhered to – including social distancing; use of disinfectants;
compliance with public safety directives; etc

c. Both parents will be required to provide very specific and realistic time-sharing
proposals which fully address all COVID-19 considerations, in a child-focused
manner.

d. Judges will likely take judicial notice of the fact that social distancing is now
becoming both commonplace and accepted, given the number of public facilities
which have now been closed. This is a very good time for both custodial and
access parents to spend time with their child at home.
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  #2  
Old 03-24-2020, 05:17 PM
Kinso Kinso is offline
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Case attached. Didn't know about file upload limits.
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Old 03-24-2020, 05:36 PM
Abba435 Abba435 is offline
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Quote:
Originally Posted by Kinso View Post
Case attached. Didn't know about file upload limits.
Thank you for this!
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Old 03-24-2020, 05:45 PM
YoungDad23 YoungDad23 is offline
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Thanks Kinso for posting this, mom of S6 is trying to disrupt every scheduled exchange and my parenting time with kid with B.S. (unsuccessfully so far when I call her out for it using very polite but firm language in my email responses). This clarity will help a lot of us dealing with high conflict exes trying to leverage the situation to unreasonably disrupt the existing order and the flexibility needed right now to adjust to the "new normal" until the kids go back to school. YD23
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Old 03-24-2020, 10:23 PM
cranberry cranberry is offline
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I am a bit confused about this. My case is he just cut me off; he is not following our parenting time schedule. I haven't seen my kids in 12 days. I can call and face time is being set up. Yes, all cases are different but is this of any help to me in bringing an emergency motion to have them returned? I am not quite sure what he is saying
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Old 03-24-2020, 10:39 PM
Helpmyspouse Helpmyspouse is offline
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Your ex can't just withhold the kids from you because he THINKS they are at risk with you to get covid19. File a motion and he will have to provide specific evidence to support his "fears". I'm not clear on how fast this would be heard given the courts closure.
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Old 03-24-2020, 11:27 PM
Kinso Kinso is offline
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Cranberry - absent a court order that restrict your access, a total cut of is almost always an 'urgent' situation. Seek legal advice, bring an emergency motion.
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Old 03-25-2020, 08:24 AM
Abba435 Abba435 is offline
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Quote:
Originally Posted by cranberry View Post
I am a bit confused about this. My case is he just cut me off; he is not following our parenting time schedule. I haven't seen my kids in 12 days. I can call and face time is being set up. Yes, all cases are different but is this of any help to me in bringing an emergency motion to have them returned? I am not quite sure what he is saying
Why not send your ex a copy of this order with written notice that you will bring a motion and cite this ruling. If he has a lawyer copy them.
Use the wording in that ruling and state that you are in compliance with all public health advisories, are complying with social distancing and that he must product evidence to the contrary.
Ask for written confirmation that the parenting plan will be respected unless varied on consent (temporarily or permanently) or by court order.
Then follow though and file the emergency motion if needed.
Good luck!

Kinso - thank you again for posting this. I have shared it with a friend and a family member, One was being a jerk and the other was on the receiving end. They both resolved quickly after seeing this ruling with their lawyers agreeing no contest in light of this order. Kids are where they should be today.

Last edited by Abba435; 03-25-2020 at 08:32 AM.
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Old 03-25-2020, 11:57 PM
dad2bandm dad2bandm is offline
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Toronto Sun mentioned this ruling too. Nice exposure. Good endorsement.

https://torontosun.com/news/local-ne...box=1585174471

Last edited by dad2bandm; 03-26-2020 at 12:00 AM.
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  #10  
Old 03-26-2020, 08:38 AM
Stillbreathing Stillbreathing is offline
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Glad a judge made this ruling quickly as I’m sure many people were taking advantage of the current situation or simply letting irrational fear rule their actions.
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