New problems created by the pandemic

The confinement plunged many separated families into a “large gray area”, notes Me Desneiges Simard. "Some parents had concerns about respecting the other parent's confinement," she said. We have seen parents take the initiative to disrespect the other parent's custody rights. Family mediators spent a lot of time reminding parents that they cannot do justice for themselves. "You can't stop a parent from exercising their rights on the basis of fear," she says. The modification of the access rights can only be done by a court and on the basis of established facts. "

In other cases, some parents have agreed to modify agreements to facilitate confinement. "Several parents have found solutions, such as a shared meal on FaceTime," reports Desneiges Simard. The mediator believes, however, that the new childcare arrangements that will be implemented will lead to requests for modifications. As for parents who must travel from one region to another to see their children, "they must have with them their court judgment or written agreement," advises the lawyer.

Exacerbated financial insecurity

Lawyers and mediators offer many free services to answer people's questions. Support payments are no longer being collected as many people have lost their jobs or work fewer hours. "We will soon find ourselves with serious problems, because the payments will have to be made with the arrears and interest when the parent concerned resumes work, anticipates Me Simard. For a month, we have had mothers who only receive child tax benefits to live! "

Complexified separations

The economic consequences of the pandemic may even modify many separation agreements. "Couples in the process of separation had established their family patrimony on RRSPs that are no longer worth the same thing and on real estate that may no longer have the same value," explains the lawyer. What had been planned before the Covid no longer holds true, especially since some spouses who had planned to buy out the other's house lost their jobs. There are going to be a lot of changes to what these couples had agreed to! "

Overflowed courses

When the hearings resume, the courts will be left with all cases that have been adjourned due to confinement, to which will be added the reviews of support payments and the requests for changes in custody. "The courses are going to be overwhelmed!" We will see the extent of what happened! ", Believes Desneiges Simard.

Psychological distress

In addition to the financial problems, the mediator is worried about the psychological distress that is currently going on. "The shelters are full," she said. And it is understood that children in distress were reported by the childcare or school environment. There, we no longer know anything. "