School Is Now Opening During COVID19

It is now September 2020 and after a long break student are now ready to resume classes. The mission of the Minister of Education is to ensure that each child is given the opportunity to maximize their full potentials through learning while their mental health and well-being are being protected. This can only be attained if the health and safety within the school system becomes the fundamental principle going forward.

It has been reported that the Ministry of Education will be collaborating with the Ministry of Health and Public Health to make sure that the school boards are monitoring and responding to reports of any COVID-19 symptoms. What does that mean to parents who are separated and cannot agree on sending back their children into the classroom versus or doing on-line learning.

What we have seen in the case of Chase v Chase, 2020 ONSC 5083, Justice A Himel, the Superior Court of Justice – Ontario ruled in favor for the child returning to school. This child had no respiratory issues and resides with each parent equally. In making the final ruling the Superior Court of Justice deferred to the Ontario Government polices and recognize that this will be the new normal.

First, decision concerning a child and returning to school will be based on the child’s best interest, which is in accordance with s. 24 of the Children’s Law Reform Act and s. _ of the Divorce Act.

The court strongly urges parents to explore alternative dispute resolution such as professional mediation, engaging a third party, trusted family member and friend. In doing so the parents can explore options such starting out as in-class and assess and review the plan at Thanksgiving

The court places deference to parent’s agreement and are reluctant to overturn the agreement.

At Heckburn Law we can help you navigate these issues