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NSRLP Template Social Distancing Clauses for Parents

Ken Proudman - view Arbitration availability
Barr Picard Law (Alberta. Joined 2017)

This probably would have been more useful a few months ago, but in case anyone's still dealing with social distancing issues, the National Self Represented Litigants Project has published clauses that can be used in orders or agreements to address proper social distancing, which they updated a couple of weeks ago. The clauses can be viewed here: https://representingyourselfcanada.com/template-social-distancing-clauses-for-parents/

1 27 days ago

Stephen Harfield
Queck & Associates (Alberta. Joined 2017)

I agree with Jared that this is tough to strictly enforce. But I would be considering the use of this on a case by case basis. This would work well for some people who just want some mutual and helpful guidelines etched out, some minds met, some tone of encouraging "reasonableness". But for the couples I expect to find compliance issues with, I'd definitely be concerned about putting something in place the other side is just going to try to flout, and my client spending money to micromanage. Because honestly, if they are going to defy public health orders you really do not need additional court orders that say the same thing. If children or people are being put in harms way because of the other side, that's all you need to bring the matter back for remedy.

I'd probably also be concerned about putting specific measures in an order that relate to a developing health crisis. Do we need to adjust orders when public health guidelines change? That's a pain too.

One thing to consider may be to put some of these guidelines into a preamble. The parties have been advised that responsibilities during these extraordinary times are heightened for all parents, and recommended protocols as of the date of this Order are as follows... At least that way it's in their face but not down their throat.

I expect hearty debate is reasonable on this, but those are some of my initial thoughts.


0 26 days ago

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