The Respondent (mother) brought an urgent motion for the return of children to her primary care, alleging the Applicant (father) unilaterally withheld them due to her profession as a healthcare worker during the COVID-19 pandemic.
The Applicant (father) filed a cross-motion seeking primary care or, alternatively, a week-on/week-off schedule, citing the mother's increased risk of exposure to COVID-19.
The court found the father's actions unreasonable and that he was using the pandemic to his advantage.
The court ordered a temporary week-on/week-off schedule for the children while schools are closed and the Stay at Home Order is in effect, reverting to the separation agreement's terms thereafter.
The court also mandated mutual notification for COVID-19 symptoms/testing and specific protocols for exchanges, but declined to include a police clause.