Family court orders stand even during the COVID-19 crisis, according to a B.C. provincial judge, but common sense should prevail and there should be no risk to the child.
This was the opinion from Judge Wilson Lee in a family matter where one parent alleges the other parent didn’t return a child despite an alternating week schedule.
While most courts are shut down because of the health crisis, urgent matters are still being heard, albeit via telephone conferencing.
The judge deemed the matter urgent because of the allegation of wrongful retention of a child and allowed the parent to ask for the child back.
But, Lee added, no other review of the original family court order would take place at this time.
“A child should not be exposed to unreasonable risk but at the same time, COVID-19 is not an excuse to deny a person from having scheduled time with a child when there is no reasonable basis for doing so,” reads Lee’s judgment.
Lee cautioned, however, that it will be a “difficult balancing act because the best interests of the child includes a consideration of the child’s health and safety.” The threat of COVID-19 to the child could possibly factor into how much time a child spends with a parent.
Lee referenced a similar case from an Ontario court where Justice A. Pazaratz stated the health, safety and well-being of children is the top priority, but family relationships “cannot be put on hold indefinitely without risking serious emotional harm and upset.” The Ontario judge added that children need both parents, especially in these times.
However, Pazaratz said sometimes parents will have to forego their time with a child, for example, if a parent needs to self-isolate.
Furthermore, if a parent’s lifestyle or behaviour, for example, failing to practise social distancing, raises concerns, 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,” Pazaratz said in the Ontario ruling.
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