custody and coronavirus

In the time of coronavirus (COVID-19), shared custody for separated parents is more complicated than usual. Once the government has declared a public health emergency in the province of Quebec, here are some problems the parent might face concerning shared custody arrangements. A lawyer could help you with those problems, though.

  • Child custody in the daytime: as the schools are closed, who will stay with children during the working days, if they are not in a classroom anymore. What if the parent who has custody for these days can’t stay with the children during the day? What if one parent wants to resort to some daycare service, while the other can be with children at this time?

 

  • Children returning from abroad: the quarantine question is risen since March 13, 2020. What to do with those children who have returned after this date? Should they be in self-isolation? Shall they stay with the parent who has custody? Can one parent refuse to send children to the other if the other parent has returned from abroad recently (from a personal or business trip)? What if one parent must continue travelling in the course of his job?

 

  • What if one parent does not respect the government measures: for example, he or she continues seeing the world, attending public spaces and events, exposing children to people who should have stayed in quarantine or meeting old people who are at risk? Disagreement might come up about the social distancing also.

 

  • What if the children or their parents show symptoms of coronavirus (COVID-19) infection? Shall the children stay in quarantine? Shall the other parent take custody immediately?

 

  • Not respecting Court orders under the pretext of health emergency: our lawyers have encountered already the situations where one parent is using the coronavirus (COVID-19) menace to infringe on the custody rights of another. Such parents refuse to bring children back to another parent arguing that he or she does not respect the safety measures in the face of the coronavirus or that the environment is not adequate to the challenge.

Allen Madelin law continues to work, and our lawyers are ready to answer your questions via phone or videoconference (or, exceptionally, in person). We charge $125 for the first consultation. During this first meeting we’ll do our best to understand the facts and get into your problem.

Even though the Courts are closed for an indeterminate time (but for urgent matters), there are still ways to go. We encourage negotiations in good faith, cooperation and communication. If this is not possible and the case is urgent, we can still apply for a Court hearing. Therefore, you still can go to Court (according to your circumstances) asking for custody modifications.

In spite of the gravity of the global situation, our lawyers are still there for you as they appreciate the interests of your children. Don’t hesitate to contact us at  514 904 4017 or by email: [email protected]. Take an appointment as soon as possible to see how our lawyers can help you.

Leave a Reply