Urgent!!! Can I file an urgent motion for this?

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- Self-Representing

- I have full decision-making responsibility and other parent only gets child every other weekend and 2 hours in Wednesday’s.

- Other parent informed me he tested positive for Covid-19 and was
told by public health he just needed to isolate for 10 days and then he’d be good to go.

- other parent has a history of ignoring Covid policies. Last year he had a giant family dinner with family from across Ontario when the province was on complete lockdown. When I informed him he was putting everyone at risk he just questioned if I’d call the cops on him. He has taken our son to crowded areas when he was supposed to be isolating due to having symptoms and has been frequently seen in public previously when told to be isolating due to having symptoms.

- Son has a medical history of weak lungs and is extremely scared of visiting the other parent.

- we asked that the other parent just gets a Covid test prior to access to show everyone he is negative but he refuses to do so. He is now demanding our son for his Christmas access the day after his 10 day isolation which is the 23rd of December.

Can I file an urgent motion to deny parenting-time until the other parent can produce a negative Covid test? With his history of ignoring Covid-19 policy with our son and our sons past medical history.

If so, does it matter the short notice?

If an urgent motion is suggested can someone confirm these steps with me?

1. Call court house to get a motion date (would have to be between the 20th of December and the 22nd)

2. File a Notice of Motion with an Affidavit

3. Attend hearing
 
Before thinking about an urgent motion:
"Other parent informed me he tested positive for Covid-19 and was
told by public health he just needed to isolate for 10 days and then he’d be good to go."

Call up the public health unit and find out what their true recommendation is. It would make sense that he require a second COVID test.

You may also be able to ask them their opinion on your him and the child having access to each other.

You can also try to kindly sell alternate and extra makeup time and setting up something virtual that is not nearly as good but shows some good faith.
Don't take advantage of your extra time buy going somewhere, that will create resentment.

so find out what public heath says first and seek evidence for that.
 
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Not urgent. Public health will handle the situation. If he is requesting access to the child during his quarantine period say no. Also request rapid test results.

But, a court will not see this as urgent as there are a number public health services to solve for this problem that should be exhausted prior to going to court.
 
thgink9- said:
- Other parent informed me he tested positive for Covid-19 and was told by public health he just needed to isolate for 10 days and then he’d be good to go.....

He is now demanding our son for his Christmas access the day after his 10 day isolation which is the 23rd of December.
Click to expand...
My thoughts are that you should perhaps slow down a little. Urgent motion? He is following public health guidelines and has been told by public health to isolate for 10 days and then he's good to go, yet you want to take matters further into your own hands and deny access, during the holidays.

Is he "demanding" time or is it his scheduled time to be with his child?

Also, keeping tabs on a family dinner (over a year ago) makes it sound like there may be some other issues at play.
 
Stating the child is terrified of the other parent, to me, reads as you are talking negatively about the other parent to the child and thats strongly discouraged in the court system.
 
Just for fun, here is how motion might play out:

OP to judge: Judge, my ex had covid and was told by public health officials to self isolate for 10 days before seeing our son. I want to withhold my son until he proves to me he is covid-free. My ex also had a family dinner last year when he was not supposed to. Our son is scared of him.

Judge to ex: Have you self-isolated for 10 days per the instructions of public health?

Ex to judge: Yes your Honour. I would like to see my son on my scheduled time but my ex is suggesting I adhere to her demands before she releases our son.

Judge to OP: Do you have any authority to demand things above and beyond the instructions of public health officials and guidelines? Also, why is child scared of their dad?

OP to judge: No you're Honour. I am imposing the test myself. Child is scared of dad because of the conversations we have together.

Judge to OP: You lose this motion. You pay your ex's legal and court fees. Also, keeping tabs on your ex's family dinner seems controlling and you appear to not foster their relationship, therefore you should attend counseling.
 
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A person can test positive for months after their quarantine is over. This is why Public Health does not require a negative test before a person can leave isolation.
 
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