Amanda’s Review of Children and Covid-19

Quick Statistics

· Statistically, children have a much lower incidence of testing positive for the virus than adults

· As of April 7, 2020 at 11 am, children under 19 are just 4.4% of the positive Covid-19 tests in Canada[1]

· In Ontario, children under 19 are just 2.4% of the positive Covid-19 (same reference as above)

· Lambton Public Health as no positive Covid-19 tests for children under 19 as of April 8, 2020

· The Canadian Pediatric Society has published a document that asserts “children appear to have reduced severity of illness compared to adults”[2]

What Doctors are Saying

Sick Kids in Toronto has published a general overview regarding children and Covid-19[3]

Kids are getting COVID-19 but appear to be recovering from it well, according to Dr. Camille Sabella. “Even the very young kids that we have from China, who were very young generally did very well,” he says. “Exactly why that is happening. I don’t think we have a good feel for that right now.”[4]

A News Story with an Immuno-suppressed Child

The Today Show ran a story about a family whose 1 year old daughter tested positive for the virus. Her parents reported that this little girl has had a history of requiring hospitalizations for the common cold and has asthma. This little girl did have febrile seizures which may be a new symptom associated with the virus and children. However, she rebounded extremely well and within one week was relatively back to normal. More telling is that her five year old brother, has not shown any signs of the virus and his health has been relatively unaffected. [5]

What is the Court saying?

In summary, the Court has said that Covid-19 is not a reason to suspend, withhold or stop parenting time between children and their parents.

In the case of Riberio v Wright, the Court found

“…that “[i]t is in the child’s best interests to return to the equal time sharing schedule that has been in place for some time. The [father’s] proposal that the child remain with him for an indefinite period with only Facetime access to the mother is not in the child’s best interest. It disrupts the status quo and it signals to the child that the mother may not be capable of caring for her and keeping her safe.”

Here are the key points from cases across Ontario, as of March 31, 2020:

1. Access Orders Should Be Followed for Children of Healthcare Workers

In a case where the mother works at Sunnybrook Hospital, the father refused to give the child to the mother until after the COVID-19 pandemic concluded. Dad based his unilateral decision on the mother’s occupation in a hospital and was concerned about her exposure and the possibility of Mom transmitting virus to daughter.

Amanda’s Takeaways

It is not up to one parent to unilaterally decided to terminate the other’s parenting time because they are an essential service and therefore more likely to come into contact with the public. In fact, in this case, the Judge commented that Mom was probably more equipped with knowledge about exposure and safety protocols and therefore may have a greater ability to remain “safe” due to her employment in a health care setting.

2. The Courts may Consequence Parties for Withholding After Pandemic Concludes

The Court noted that a denial of parenting time does not meet the test of what is an “emergency issue” that it Court will hear at this time. However, the presiding Judge in this matter did indicate that termination of all contact between the child and the father cannot be in the child’s best interest. The Judge also warned that the Court could later determine that the withholding parent was acting inappropriately. The Court emphasized that parties and counsel need to meaningfully communicate to resolve issues.

Amanda’s Takeaways

When the Courts resume, if you have unilaterally choose to stop parenting time for your co-parent, the Court will take note of the decisions you made. It is very possible – in fact you should expect – that the presiding Justice may come to the conclusion that your failure to prioritize your child’s relationship with the other parent may be much more indicative and telling of your ability to:

a. make decisions in your child’s best interests;

b. assess true and valid risk factors; and

c. support and foster a healthy relationship between your child and the other parent.

3. Childhood Illness and Lack of Social Distancing Not Enough to Suspend Access

The children had fevers while in their father’s care and he still took them to the store and to visit his elderly mother. Mom withheld children for next visit. The Court relied on following the status quo as reason enough to continue the regular parenting time. There was little reference made to the father’s choice to not strictly follow social distancing recommendations.

Amanda’s Takeaways

Fever or childhood illness is not a reason to stop access or parenting time in light of Covid-19. A parent who is alleged to not be in compliance with or following social distancing protocols is not a reason to stop parenting time.

4. Now is NOT the time to Expand Access Even Though Everyone is Home

There was a final parenting Order already in place regarding their 10-year-old daughter whereby “the child shall spend half the March Break with each parent. In this instance, the presiding Justice indicated, this reference to “March Break” did not include the additional two weeks when school has been ordered closed by the Ontario Government from March 23 to April 5 this year and will not include any additional times that the Ontario Government closes school due to the COVID-19 virus.

Amanda’s Takeaways

I understand that if both parents are home, now seems like a natural time to ask to expand your existing parenting time. However, the reality is, if this is something you and your co-parent cannot agree to, it is certainly not something that a Court is going to entertain during this time. Discuss with your co-parent in a respectful tone. If they are unwilling to work with you, leave it alone.

CONCLUSION

With the blanket waiver that I am not a medical doctor, epidemiologist, virologist or a scientist in any way, shape or form, here’s what I take away from the statistics on children and Covid-19:

1. Children (those under 19) are testing positive much less than adults.

This does not mean, they are not getting it. We are all aware of the lack of tests available in our country and across the globe. What I think it does indicate is that kids who may have the virus aren’t requiring urgent care or hospitalization – which would then lead to more positive tests being reported by public health officials.

This falls in line with what some doctors are saying, kids who do get the virus exhibit much milder symptoms than their adult counterparts. They bounce back quicker and their symptoms seem to mimic a common cold or flu. I read somewhere that there was a concern that children may test positive longer while asymptomatic which could mean that they have the potential to transmit the virus longer - but I can’t find the reference so I can’t verify this for you.

We all worry about keeping our children healthy and safe. However, if you are considering stopping your co-parent’s time with your kids because you are afraid your children are going to contract the virus, the medical statistics simply aren’t going to be the foundation for your argument. Further, it appears if your child has the virus, you may not even know!

An excellent summary on this topic can be found at Caring for Kids – a website from the Canadian Pediatric Society: https://www.caringforkids.cps.ca/handouts/the-2019-novel-coronavirus-covid-19. As well the Harvard Medical School website, has some excellent information: https://hms.harvard.edu/news/covid-19-children.

Our local Lambton Public Health has a page for parenting related questions. Here’s the link: https://lambtonpublichealth.ca/2019-novel-coronavirus/parents/.

2. It is far more important – at this time and having regard for the statistics regarding kids and Covid – that you pay attention to their mental health and wellness.

Kids like stability and predictable routines. To suddenly stop their time with the other parent, indicates something is wrong and could instigate fear and anxiety for your child. They have already had so much change, such as:

o No more school or daycare;

o No playdates;

o No sporting or extracurricular activities;

o Lack of contact with grandparents, aunts, uncles and cousins; and

o Parents who are at home and not at work; and

o Tension in the home over financial concerns.

The more you keep their routine similar, the better they will fare. Talk to them about the virus. Again the Caring for Kids website, provides some assistance at: https://www.caringforkids.cps.ca/handouts/disaster. As well, so does Harvard Health Publishing has several resources on how to talk to kids about the virus and how to discuss these issues with kids. Here’s the link: https://www.health.harvard.edu/blog/how-to-talk-to-children-about-the-coronavirus-2020030719111.

Your children are likely a greater threat to adults - if they have the virus - than adults are to your children.

PLEASE REMEMBER

Make good decisions for your children. How you manage these trying times can set a positive and healthy example for your children. Remember, “progress, not perfection”. Now is the time to show the respect and courtesy to your co-parent, regardless of what has happened historically. Your kids are counting on you.

Thanks so much for taking the time to read this. Stay safe and healthy,