“As a general principle, the courts have been reluctant to suspend access or parenting time as a result of the COVID-19 pandemic. Numerous cases since the advent of the COVID-19 pandemic have recognized that while parenting and access rights must be exercised in a manner that follows the protective precautions contained within public health directives, there is a presumption that all court orders, including existing parenting arrangements and schedules, should be complied with. This reflects the principle that meaningful personal contact with both parents is in the best interests of the child. See: Ribeiro v. Wright, 2020 ONSC 1829, at paras. 7-21; J.F. v. L.K., 2020 ONSC 5766, at para. 20.
That said, courts have been reluctant to require children to travel outside of Canada in the face of government protocols directing that non-essential travel outside of Canada be avoided. For example, in Semkiw v. Sutherland, 2020 ONSC 4088, at paras. 36-37, Horkins J. stated:
The children have in the past travelled to Texas with the mother and have enjoyed their time there. Now is a different time and decisions about the children’s travel must take into consideration the COVID-19 pandemic and where the children are going. The air travel that the mother proposes involves crossing a border that is closed to non-essential travel due to the pandemic and arriving and travelling through the State of Texas that is experiencing a surge in COVID-19 cases and hospitalizations. After the summer weeks are over, the children would travel back home. On return, the children would have to self-isolate for three weeks with their father.
The mother has chosen to move to Texas and give birth in this State. She is not entitled to have the children join her in Texas during this pandemic. This proposed travel is non-essential and would recklessly expose the children to the risk of infection. This would not be in the best interests of the children.
The courts have expressed concerns with the potential health risks to the children as well as the requirement that children quarantine upon their return to Canada: Semkiw v. Sutherland, 2020 ONSC 7477, at paras. 20-23.
In Onuoha v. Onuoha, 2020 ONSC 1815 Madsen J. stated, at para. 10:
It would be foolhardy to expose the children to international travel in the face of the Travel Advisory, risking the restrictions and complications adverted to therein.
In Yohannes v. Boni, 2020 ONSC 4756, Nishikawa J. suspended a court order granting the father, who resided in France, six weeks parenting time with his 10 year old child in France. She held, at para. 20:
I am satisfied that the current COVID-19 pandemic is a material change in circumstances that affects or is likely to affect the best interests of the child such that the Parenting Order should be varied on an interim, without prejudice basis.
Nishikawa J. stated, at paras. 26-27:
My finding that it is not in Selyana’s best interests to travel to France during the pandemic does not in any way minimize the importance of the relationship between her and the Respondent, or her time with him, her grandparents, and her extended family in France. The global pandemic is an unprecedented event that has unfortunately compounded the difficulty that arises from the Respondent and Selyana living in different countries…
In the current circumstances, where the COVID-19 pandemic continues and the Travel Advisory remains in place, Selyana’s health and safety cannot be put at risk… While I recognize that requiring that the Respondent exercise his parenting time in Toronto is not ideal, it is the best interests of the child that govern.
See also: Saini v. Tuli, 2021 ONSC 3413, at para. 29:
In this context, the children’s safety is a critical consideration. The COVID-19 protocols clearly direct that non-essential travel outside of Canada be avoided. I do not accept the Respondent’s speculation regarding the children’s relative risks of contracting COVID-19 if they remain with the Applicant while she is in California. Further, while the Applicant’s travel to the United States may be essential for her in order to maintain her employment, I am unable to find that the children’s travel to the United States is essential for them.
See also Bourke v. Davis, 2021 ONCA 97, at paras. 69-72, where the Court of Appeal recognizes that government travel restrictions may legitimately affect the ability of parties to comply with an order for parenting time that requires the children to travel to the United States.”