What is the test for having a child in a relationship where the child is not physically or emotionally involved with both parents?

Ontario, Canada


The following excerpt is from C.L.B. v. A.J.N., 2020 ONCJ 213 (CanLII):

[28] In Lee v. Lee 2020 ONSC 2044, the court stated that in the face of anxious and distressing times, any child will most benefit from the love, connection and support shared with both parents so long as it is all done safely.

[29] A parent is not permitted to simply engage in self-help, or to interpret public health directives as a license to terminate parenting time. If the parent fears that the current routine may compromise their child’s well being, or the health of a person in the home; then the parent must provide specifics and bring a motion to change the order. See: Almadi v. Kalashi, 2020 ONSC 2047.

[30] Parents cannot ignore the other parent’s inquiries about how they would comply with government directions. All levels of government in Canada, national, provincial and local have issued public health notices dealing with preventing infection, which include guidelines for physical distancing and, where appropriate, self-isolating. Good parents will be expected to comply with the guidelines and to reasonably and transparently demonstrate to the other parent, regardless of their personal interests or the position taken in their parenting dispute, that they are guideline-compliant. See: Balbontin v. Luwana, 2020 ONSC 1996.

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