As the Covid-19 lockdown continues, more cases about the pandemic are being heard.   

We now have the first case about interim exclusive possession of the Matrimonial Home – Guerin v. Guerin, 2020 ONSC 2016.

We already know that Courts are prepared to deal with the urgent issue of a parent denying the other parenting time with the children during this pandemic . We are now seeing the opposite: when necessary, Judges are also prepared to kick one parent out of the home and implement a virtual parenting time schedule for the parent who must leave. Kicking one parent out of the home may be necessary when that parent is not taking the physical distancing rules seriously.

In other words, if you and your ex-spouse are living in the same home with the children, and your ex-spouse is going in and out of the home with no explanation and no regard for you or your children’s safety, you may be able to get an Order requiring your ex-spouse to leave the home until the pandemic subsides.

How, you ask? 

Well, there are many important issues to consider. For example, it is important to demonstrate that your ex is leaving the home for non-essential reasons and is not following proper safety protocols. This is particularly more important if you or your children are immunocompromised or otherwise at greater risk if exposed to the virus.

As you may recall from our previous blog, it is also important that you try to resolve the issue amicably, before rushing off to court.  Even though judges will hear urgent issues, they still want to see that you have made efforts to resolve these urgent issues cooperatively, as opposed to just running to Court at first instance.

A Judge will also want to see evidence that your ex’s behaviour is reckless and that he/she must be removed from the home in order to protect the health and safety of yourself and/or your children.   

In considering the options, a Judge will also take into account whether your ex has another place to go.  This means that a Judge will consider whether there are alternative accommodations for your ex such as his girlfriend’s or parents’ home.

Finally, presuming that a Judge decides that your ex must be removed from the home, the Judge will also want to see a plan for parenting time with the children once your ex leaves the home.

This is where you can come up with a virtual parenting time schedule, relying on technology for the other parent to continue to maintain contact and a relationship with the children. In other words, a specific and realistic time-sharing schedule that addresses all Covid-19 concerns in a child-focused manner will be very important.

If you have concerns about your ex’s behaviour or if your ex has accused you of failing to comply with the physical distancing requirements, we are here to help. Please give us a call at 905-237-7332 or send us an e-mail at info@warsidaitchmanllp.ca, to schedule your Free Initial Consultation.