Can a child with rheumatoid arthritis be transported between the parents' homes?

[32] In Vasilodimitrakis v. Homme, 2020 ONSC 2084, the child suffered from juvenile arthritis and was autoimmune compromised. At issue was whether the child could be safely transported between the two homes of the parents. The court rejected the evidence of the child’s pediatric ophthalmologist concerning transportation risks, as it was beyond her area of expertise – she was neither an infectious diseases specialist nor a rheumatologist. The court preferred the evidence of the child’s rheumatologist who felt that the risk of transportation to the child was minimal, provided it was done safely. The court maintained the temporary access order, finding fault with both parents in following COVID-19 health directions.

[33] In Chrisjohn v. Hillier, 2020 ONSC 2240, the child had a neuromuscular disorder with previous respiratory complications and was at increased risk of contracting COVID-19, as well as having serious complications if she contracted the virus. The family doctor recommended that the child should be kept at home during this time, with the exception of medical appointments. The court ordered access to continue as the medical letter filed did not state that the child should be kept in one home. The court was satisfied that the father would follow social distancing directives.

[34] In Trudeau v. Auger, 2020 ONCJ 197, the mother sought to suspend access alleging the child was at a higher risk due to respiratory issues. The child had been on antibiotics. The court found that the mother failed to provide medical evidence to support her allegations or which said that the child would be at risk spending a few hours each week with the father. The court reinstated access, subject to the child completing a cycle for antibiotics.

[35] In Lyons v. Lawlor, 2020 ONCJ 184, the court did not change an access order to a child with asthma. The court found that direct and compelling evidence from the child’s doctor that more intensive distancing efforts were required to keep the child safe would have been required to support changing the order. Part Four – Material change in circumstances