Ontario Judge bars father from matrimonial home for failing to take COVID-19 risks seriously.
Judge bars Ontario father from matrimonial home for failing to take COVID-19 risk seriously
Normally practising a 'nesting' arrangement with ailing ex-wife, failure to be candid on health practices gets dad temporarily ousted
“Although the father is not obliged to provide all details of his whereabouts, his lack of response and, at times, misleading information of where he has been places undue stress on the mother and places her health at risk,” Justice Doyle stated, in arriving at the order. Justice Doyle went on to note that the father’s “attitude to the mother in not responding to her requests as to locations and to wash his hands, has placed her and the children at risk.” Justice Doyle also pointed out that the father “failed to provide sufficient details and explanations for his numerous absences from the matrimonial home nor has his girlfriend provided evidence that she has been following the COVID-19 measures.” What emerges from Justice Doyle’s decision is the paramount importance of parents taking all steps and precautions they can to protect the health of the children and each other. For separated parents, an integral component of those efforts is the sharing of information. Without candour, there is a real risk that a court may, out of an abundance of caution, take very harsh steps to protect the health and wellbeing of children. It is worth noting that in the absence of a pandemic, the threshold for a court to grant an order for exclusive possession is quite high. Such an order usually requires the prospect of violence or objectively intolerable living conditions. Justice Doyle seems to have had this in mind when she carefully pointed out that her order was being made “solely dealing with events in this family as a result of the COVID-19 pandemic.” Adam N. Black is a partner in the family law group at Torkin Manes LLP in Toronto. email@example.com
His lack of response, and at times, misleading information of where he has been places undue stress on the mother and places her health at riskJustice Adriana Doyle