Stay safe. Stay home. Stay two metres away from everyone, except immediate family. Clear, concise. Nothing ambiguous about this directive from the Ontario government…
Uh, not so fast.
What does immediate family mean, exactly? What does family mean when divorced parents have new partners, and children have siblings in a blended family?
In Peerenboom v. Peerenboom, the father tried to prevent his children from seeing the children of his ex-wife’s partner. He argued that since his ex-wife and her partner did not live together, they and their children could not be considered a blended family. He floated the idea that the two families getting together breached the “no gatherings of more than five people” Covid-19 safety restriction.
The judge didn’t agree. The children had considered their mother’s partner to be their stepfather and his children their step-siblings, for quite some time. The families had been getting together on the same Parenting Time Schedule for the past two years. They had an established family routine.
Based on these facts, the judge ruled that they were, in fact, a blended family. This meant that they could continue their time together during COVID.
Family is a connection, not an address.
If you have concerns about your, or your ex’s, extended or blended family, reach out to us for a free consultation. We are here to help.