In a COVID-19 separation case, what is the role of the court in assessing the parenting standards of the separated parents?

Ontario, Canada


The following excerpt is from L.B. v. I.L., 2020 ONCJ 336 (CanLII):

In Johnson v. Johnson, 2020 ONSC 2896, the court set out that once it finds that both parents fall into the category of “loving, caring, responsible, safety-conscious parents”, it is unnecessary – and inappropriate – for judges to conduct a microscopic analysis of every single decision each parent makes during their time with a child as: a. During COVID-19, daily life for separated parents has become exponentially more complicated, entailing many new responsibilities and countless judgment calls. b. Parents have to think about and agonize over activities and interactions previously regarded as routine and benign. c. They have to stop doing certain things. d. They have to do other things differently and more safely. e. Parents have to provide children with as normal a life as possible in abnormal times. f. If parenting standards demonstrably fall below a certain threshold, the court will have no hesitation to intervene. g. But once parental insight, trustworthiness and devotion have been firmly established, we need to step back a bit and let parents make some of the tough day-to-day decisions on their own.

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