What are the implications of COVID-19?

Any resulting orders made under these circumstances are likely to be interim and made on a without prejudice basis. Indeed, in Ontario, the courts have been describing such orders as “temporary, temporary, without prejudice orders”: see for example Phipps v. Petts, 2020 ONSC 1999. The nature of such orders is that they would be subject to review or variation when there is an opportunity for a full hearing and that a party would not be prejudiced by the terms of any interim orders made while the COVID-19 protocols are in place. Furthermore, a material change of circumstances may not be required to justify a change in such orders.

The overriding principle of the child’s best interests remains and that includes any health concerns for the child: Smith v. Sieger, 2020 ONSC 1681 at para. 8.