HELD: Motion allowed in part. There was a material change in circumstances. The COVID-19 pandemic and necessary health protocols were not contemplated when the February 2020 order was made. The pre-existing conditions of the mother, father, and child put all at increased risk should they contract the virus. In addition, the mother had suspended an access schedule that was presumptively in the child’s best interests. The court was satisfied that both parties could and would be assiduous in complying with steps to mitigate the risk to the child and themselves due to COVID-19. The father had already taken several steps to deal with COVID-19. He self-isolated for 14 days to make sure that he was safe. He lived alone and went out only for necessities. When he did go out, he practised social distancing. In these difficult and upsetting times, the child would benefit most from the love, connection and support shared with both parents, if it was done safely. It was in the child’s best interest to resume the graduated access, with modifications to take into account COVID-19. The mid-week in-person access was to be suspended until further order of the court. That would reduce the number of access exchanges in the community. Weekend access was to resume. The court was not prepared to make a police assist order.
Robinson v. Darrah, [2020] O.J. No. 2106, Ontario Superior Court of Justice, B.M. Tobin J., May 7, 2020. Digest No. TLD-June222020001