Co-parenting can be an exhausting experience in the best of times, let alone during a pandemic. With new and continuously changing health protocols it can be difficult to judge what the best thing to do for your children is. Many parents worry about sending their children back and forth between parents, but the best interests of the children must be taken into account. Although access to Alberta Courts is being restricted, they are still hearing urgent or emergency matters that can help parents wade through these muddy waters.
In a recent Alberta Provincial Court finding the relevant factors that come into play when determining parental contact and its relation to the best interests of the child were reviewed and applied. The father in this case admitted that his relationship with his new partner was unstable and had resulted in numerous separations, emergency protection orders, criminal charges and children’s services involvement. His behaviour in question in this case included, lashing out against his daughter after drinking, convincing her to stop taking her medications for depression and anxiety and generally putting his daughter in the middle of the continuous feud with her mother. Ultimately the Judge found that the father should be denied contact with his daughter.
The Judge’s conclusion was made by weighing the following considerations:
1) There is a presumption that children are entitled to a relationship with both of their parents (DAF v SRG, 2020 ABCA 25). This relationship is limited only to the extent to which it is in the child’s best interests.
2) A child’s right to parenting time with one of her parents may be terminated under exceptional circumstances (VSJ v LJG, 2004 ONSC). However, such a remedy is rare, and few parents are deemed to be unfit to the extent that they are deprived of all contact with their child.
These two points mark the bookends within which this matter was analyzed. The conduct of the father was found to negatively impact the child’s wellbeing to the extent that it was in the best interests of the child to have no contact with her father. This is an example of the rare circumstances in which all contact was denied.
How does COVID-19 Complicate What is in the Best Interests of the Child?
With most Canadians practicing social distancing, wearing masks and otherwise doing what they can to stem the spread of the virus, COVID-19 can be a manageable aspect of co-parenting. However, a parent’s adherence to the most recent health protocols can become a factor in determining what is in the best interests of the child. If a parent blatantly disregards health protocols, not only will the child’s health be put at an increased risk, but anyone else in contact with those children will also be put at risk.
It is plain to see how such disregard of health protocols can spiral out of control and have severe impacts on children. Members of the family or even the child herself may get sick, be admitted to the hospital or even pass away because of the virus. Any one of these scenarios would have a negative impact on a child’s wellbeing and would therefore weigh in favour of preventing contact with the parent in question.
Although the analysis in the recent Alberta decision did not directly address the impact of COVID-19 on these matters, it is a good reminder that there is a presumption that it is in a child’s best interests to have contact with both of their parents and that contact will only be denied in extreme circumstances.