“Since the release of Ribeiro, other courts have consistently held that parties must follow COVID-19 protocols, including handwashing, physical distancing, and limiting exposure to others: Skuce v. Skuce, 2020 ONSC 1881, at para. 85.
I find that the respondent is not prepared to follow COVID-19 protocols in the future. The applicant has established that the respondent’s behaviour is of the sort contemplated by Pazaratz J. when he wrote, “in some cases a parent’s lifestyle or behaviour in the face of COVID-19… may raise sufficient concerns about parental judgment that direct parent-child contact will have to be reconsidered.” The respondent has demonstrated no parental insight, or COVID-19 awareness.
The respondent is aware that his behaviour has led to the applicant suspending what was his significant parenting time with I.S.. Despite the government and public health messages about the risk of COVID-19, despite the applicant’s clear will to act in the face of her concerns, despite the case law that suggests that courts will take COVID-19 seriously, the respondent has preferred his agenda – politicizing a virus – over his parenting time with his son.
In these circumstances, given the respondent’s complete failure and unwillingness to follow COVID-19 protocols, now or in the future, I order that, on a temporary basis, I.S.’s primary residence shall be with the applicant. The respondent’s parenting time shall be by video only, three times weekly, on Mondays, Tuesdays and Wednesdays, at 12:45 p.m., to be facilitated by the child’s nanny, or otherwise as the parties may agree.
The respondent may resume in-person parenting time with I.S. with the agreement of the applicant. If she does not agree, he may apply to the court for a resumption of in-person parenting time after (i) he obtains a negative test result for COVID-19 or alternatively, self-isolates for fourteen days, and (ii) he begins following and commits to continue following government and public health protocols with respect to the coronavirus.”