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ARTICLE · 03 JULY 2020

Custody, Access And Covid19

In the recently decided case of Ribeiro vs Wright, the Ontario Superior Court of Justice affirmed that parties with a pre-existing separation agreement...

CanadaFamily and Matrimonial

In the recently decided case of Ribeiro vs Wright, the Ontario Superior Court of Justice affirmed that parties with a pre-existing separation agreement or court order in place with respect to access rights cannot unilaterally change their access schedule on the basis of COVID-19.

The court stated that parties should not attempt to take advantage of the current challenges in relation to COVID-19 and seek to unilaterally not put in place different schedules for access. Parents who share custody of their children should continue to respect custody agreements during Covid-19 and continue their split parenting arrangements with their former spouse unless there is specific evidence that the child's health is at risk.

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