COVID-19 Family Law Decisions » Zee v. Quon, SCJ Court File No: FS-16-412436




In this case, the Applicant Mother brought an urgent motion regarding parenting and a restraining order prohibiting the Father from contacting her employer after he contacted her supervisor directly.

The Mother is a health care professional working at Sunnybrook Hospital and the Respondent Father refused to comply with an existing order for equal time with the parties’ youngest child. The Father took the position that the child should remain in his care until the COVID-19 crisis is resolved and that the Mother should have access by FaceTime.

The Mother did not have meaningful contact with the parties’ two oldest children and she alleged that the Father had influenced them to withdraw from their relationship with her.

The Father’s evidence included a letter from the parties’ 18 year old son and two opinion letters from doctors that were determined to be inadmissible. 

The fact that the Mother worked in health care was not sufficient to suspend the parenting schedule. On this topic, Justice Nakonechny wrote: 

“The Applicant is a health care professional. She and her employer are well aware of the protocols to prevent transmission of infection. If the Applicant is required to return to work, I am satisfied that she will take all necessary precautions to keep her child safe while in her care.”

Justice Nakonechny ordered that the equal parenting schedule resume as well as police enforcement of the ordered parenting schedule if required due to non-compliance and the restraining order sought by the Mother.   

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