Tamara Stomp

The respondent father, a nurse practitioner, brought an emergency motion to enforce a shared parenting order after the applicant mother unilaterally suspended his in-person access due to COVID-19 concerns.

The mother argued the father's employment and recent travel recklessly exposed the children to the virus.

The court granted the father's motion and dismissed the mother's cross-motion, finding no evidence that the father failed to adhere to appropriate safety protocols.

The court emphasized that COVID-19 and a parent's status as an essential healthcare worker must not be weaponized in parenting conflicts.

The applicant father sought interim relief after the respondent mother refused to return one of the children following a weekend visit.

The court applied subsection 20(4) of the Children's Law Reform Act and held that the mother’s unilateral retention of the child constituted improper “self-help,” as the children had been residing with the father since separation.

Emphasizing the importance of stability for children and discouraging unilateral changes to residence, the court ordered the immediate restoration of the status quo pending further proceedings.

The court also criticized both parents for exposing the children to the parental conflict and rejected affidavits obtained directly from the children as having no evidentiary value.

An interim order was made requiring the child’s return to the father, setting a structured access schedule for the mother, and authorizing police enforcement under s. 36 of the Children's Law Reform Act.