The respondent father brought a motion seeking resumption of parenting time with his three-year-old child and police enforcement of a court order during the COVID-19 pandemic.
The parties had reached a binding agreement on February 19, 2020, providing for alternate weekend access and mid-week overnight access.
Following the closure of the child's daycare and implementation of emergency health measures, the applicant mother unilaterally withheld access from March 11 to April 3, 2020.
The court found that the mother failed to satisfy her onus to prove COVID-19 related reasons for changing the access schedule and that unilateral modifications to binding agreements cannot be condoned.
The court ordered a modified access schedule that maintained the essential structure of the parties' agreement while accommodating the daycare closure and the mother's partner's availability for exchanges.
