Covid Related Issues in Matrimonial Law
An issue that has been raised, and while I believe applications have been made for
the court, there are no known decisions concerning this matter.
The issue is the best interest and safety of the children. There are conflicts
between parents regarding their individual beliefs as it relates to in-person or
zoom learning for their children in school. Issues arising between divorced
parents who have joint custody and are now conflicted over the safety concerns
for their children in attending school in-person. One parent wants the child in
person in school learning for psychological reasons and for their mental well-
being. The other parent believes that the safety concerns over Covid and its ability
to spread should require the children to stay home until a vaccine is in place and
The courts generally apply the best interest of the child to all these matters but
on issues such as these what best interest rule is to be applied? Does it
implement the CDC guidelines and therefore enforce a child to attend school once
they are open, or does it weigh a parents' ability to safeguard their own child in
issues such as the pandemic?
This is just one issue that has arisen out of covid, which has ramifications beyond
as well. As these matters progress on the pending hearings, we will see how the
courts decide these matters shortly.