In the oft-cited case of Ribeiro v. Wright, 2020 ONSC 1829 Pazaratz, J. offered the following useful guidance at para. 21 to parents and to judges in dealing with urgent motions respecting compliance with COVID-19 protocols and directives in relation to the best interests of children: 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 specific 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 specific 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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