Legal Aid lawyers urge caution, creativity in shared-custody visits

Legal Aid Alberta family lawyers are encouraging Albertans who share custody to put their child's safety first over the holidays during the COVID-19 pandemic.

Parents should come up with visitation plans that mitigate the risk of infection, keep children connected with loved ones and follow court orders, the group says.

“This is the time to be creative,” said Jeff Keller, a staff lawyer with

Legal Aid Alberta in a news release. “If you celebrate Christmas, the kids may not get two big Christmases this year but you can still make it fun, even if grandma and grandpa can't come.”

Video or phone calls with extended family are recommended so children can see extended family members and keep everyone safe. Jessica Chapman, another lawyer with Legal Aid Alberta, said parents are still expected to follow court orders and government health guidelines during the COVID-19 pandemic.

“The parenting order always comes first and then follow recommendations from Alberta Health Services about co-parenting arrangements,” Chapman said. “If you're unsure, stick to the court order and send your child where the court order says on that day.”

Many parents have already come up with customized visitation plans during the pandemic.

“We're seeing some interesting and unique solutions,” Keller says. “I've had some files where high-conflict parents actually did the opposite and worked together to figure something out. They changed the entire parenting plan. I was amazed.”

But while some parents can work together, Chapman said it is also not uncommon for others to try to use isolation to keep a child away from the other parent.

“Judges don't have a lot of patience for that,” she said. “There have been a few cases where judges have taken a really hard line and said, `You're trying to keep the kid away from the other parent and so we're going to flip the custody arrangement around.'”

If the goal is to keep the child safe, it shouldn't be hard to come up with a plan that works for both parents, Keller added.

“Work together and figure it out,” he said. “It's only difficult if you make it more difficult.”