MOM ORDERED TO RETURN KIDS TO P.G.
A judge has dismissed a Lower Mainland woman’s claim that the COVID-19 pandemic has made it unsafe to return her two children from a previous marriage to her ex-husband in Prince George.
Provincial court judge Cassandra Malfair found steps can be taken to reduce the children’s risk of exposure to the virus during the drive to this city - from packing meals they can eat while on the trip to having them wear disposable gloves when touching handles, lids and paper rolls when in a public washroom.
“In short, with the smallest precautionary measures, I can see no reason why the children cannot use a washroom safety during the eight-to-nine-hour drive to Prince George,” Malfair said in a decision issued April 1.
The children reside primarily with their father in Prince George but had been living with their mother during spring break.
But at the end of her parenting time, she refused to return the children and contended they should stay with her until the pandemic abates.
The father subsequently applied to the court for their return.
It was the third time in the six years since they had separated that the mother had attempted to change parenting arrangements by refusing to return them rather than making a formal application to the court.
The mother raised no concern when they were originally driven down to her home on March 15, when the pandemic was starting to flare up, Malfair also said, noting there are a significantly higher number of reported cases in the Lower Mainland than in northern B.C.
She ordered that the woman transport the children to a halfway point and handed over to their father on April 2.
A fine against the woman for failing to return the children on time will be considered at a later date.
The B.C. Ministry of Attorney General has posted a page of frequently-asked questions on its website regarding parenting arrangements and child and spousal support during the pandemic.
In general, it says court-ordered agreements cannot be changed unilaterally.
However, if the situation is urgent - for instance a parent who has returned from travelling, but is not observing self-quarantine requirements - a parent may make an urgent application to the court.
Parents can agree to adapt arrangements to fit the circumstances, such as opting for parenting time via social media and schedule additional future in-person visits when physical distancing is not required.
If the parents are unable to agree, then they can seek mediation through a family justice centre, Justice Access Centre or a privately hired mediator or the assistance of the court.
In-person visits to family justice centres have been suspended but the centre in Prince George can be reached by calling 250565-4222 or 1-888-668-1602.
As for children in care of the Ministry of Children and Family Development, visits with family members are being conducted through social media or telephone whenever possible.
“We recognize and support the importance of keeping children and youth in care connected to their family, community and culture. In these unprecedented times, we need to support those crucial connections in the safest way possible,” a ministry spokesperson said in a statement.