1. Each parent will practice strict social distancing, both during parenting and outside of their parenting time. This means avoiding unnecessary out-of-home errands, and maintaining at least a 2-metre distance from other people.
2. Both during and outside of their parenting time, both parents will strictly follow public health recommendations regarding cleaning and safety precautions. These include frequent hand-washing, use of disinfectants and sanitizers, and any other public health directives.
3. For necessities like groceries, each parent will either arrange for delivery services or reduce attendances at grocery stores to the absolute minimum possible, and wherever possible go to the grocery store without the child / children present.
4. During their parenting time, each parent will impose social distancing measures on the child / children in accordance with current guidelines in their jurisdiction. In-person play dates, attendance at public playgrounds or the like will be handled responsibly and according to provincial guidelines, and each parent will keep the other informed of all such outings, including identification of third-party contacts.
5. If a parent exhibits symptoms of COVID-19 or feels unwell (or has been in contact with any person who has travelled within the last 14 days, or who has been diagnosed or been exhibiting symptoms), that parent will immediately notify the other parent and commence a 14-day period of isolation. If the child or children are with the non-isolating parent at that time, it may be appropriate for them to remain with that parent until the end of the 14 days. There should be a plan in place for the child to be removed if the infected parent’s condition deteriorates. If the child / children are currently with the parent entering isolation, they will remain with that parent for the next 14 days.
6. During their parenting time, each parent will ensure that the child / children complete their daily school work as informed by their school(s) via the technology being used for this.
7. (Where either parent or anyone in the household is an essential service worker working with the public, e.g. doctors, nurses, supermarket or pharmacy employees, flight attendants, etc.) Acknowledging the increased risk of exposure of (parent or household member), there will be complete transparency with the other parent regarding whether or not there has been any contact with someone who has been diagnosed or has been exhibiting symptoms of COVID-19.

Developed by Hannah M. DeJong, Boughton Law, Vancouver

We agree to the following parenting arrangements for the next one/two/three months, or until the BC (or substitute other provincial) government no longer recommends everyone follow social distancing practices, whichever comes first:

1. Each parent will practice strict social distancing, both during parenting and outside of their parenting time. This means each parent will:
   stay home as much as possible and avoid unnecessary out-of-home errands;
   b. work from home and conduct virtual meetings where possible;
   c. use technology to keep in touch with friends and family instead of in-person gatherings; and
   d. maintain at least a 2-metre distance from other people in public places.
2. Both during and outside of their parenting time, both parents will strictly follow public health recommendations regarding cleaning and safety precautions. These include frequent hand-washing, use of disinfectants and sanitizers, and any other public health directives.
3. For necessities like groceries, each parent will either arrange for delivery services or reduce attendances at grocery stores to the absolute minimum possible, and wherever possible go to the grocery store without the child / children.
4. During their parenting time, each parent will impose social distancing measures on the child / children in accordance with current guidelines in their jurisdiction. In-person play dates, attendance at public playgrounds or the like will be handled responsibly and according to provincial guidelines, and each parent will keep the other informed of all such outings, including identification of third-party contacts.
5. If a parent shows symptoms of COVID-19 or feels unwell (or has been in contact with any person who has travelled within the last 14 days, or who has been diagnosed or showing symptoms), that parent will immediately notify the other parent and start a 14-day period of isolation. If the child or children are with the non-isolating parent at that time, it may be appropriate for them to remain with that parent until the end of the 14 days. There should be a plan in place for the child to be removed if the infected parent’s condition deteriorates. If the child / children are currently with the parent entering isolation, they will remain with that parent for the next 14 days.
6. If a parent notices that the child /children shows symptoms of COVID-19 or feels unwell, the parent who is currently with the child / children will immediately notify the other parent and start a 14-day period of isolation with the child / children.
7. During periods of isolation, the parents will facilitate daily video calls between the child / children and the non-isolating parent.
8. During their parenting time, each parent will ensure that the child / children complete their daily school work as informed by their school(s) via the technology being used for this.

Note: Parents should also consider the following recommendations from psychologist Dr. Elterman, which have been referenced with approval by BC courts:

• If the parent is in a home with older family members or friends or with individuals who are immune-compromised, the child should not be in that home.
• If parenting time is to occur in a public place such as a community centre, a mall, or a restaurant, then it should be suspended.
• If a supervisor is required who is not the spouse of the parent and living in the home, then the parenting time should be suspended.

Further: Here is another set of clauses that you can use and adapt for your own use, provided by the Association of Family Conciliation Courts Ontario, and drafted by Professor Nick Bala.

1. Option Selection and Duration[Party 1: parent] and [Party 2: parent] agree that for the period commencing on [Date], [Child] will attend [Child’s School] in-person (meaning, physically attending their school class) for as long as the option is available.Communication with the School

   Each party is responsible to be signed up with the school and class email lists to receive updates from [Child]’s school board, school, and teachers, as applicable.

   If applicable, a parent with primary contact and access with the school will provide the other parent with the contact information for each of the child’s teachers, and ensure that the other parent is authorized or directed to access the school’s online parent portal. The other parent will confirm that the child’s teachers are aware of [their] contact information, and that they are available to receive important messages sent home.

   Child is Properly Equipped

   Each party is responsible to ensure that when [Child] is in their care, they are properly prepared for COVID-19 restrictions at school, including ensuring that [Child] attends school with 2 masks (a primary and a backup), and hand sanitizer.

   Temporary Closure

   In the event that [Child]’s in-person participation is temporarily suspended because of quarantining policy or temporary shutdown of a class or school, the parties agree (choose as applicable):

   [  ] to maintain the current parenting schedule [add if appropriate: If the parent whose care the child is in needs modifications to that schedule, they will first ask the other parent and, if the other parent is unavailable, make other arrangements for the care of the child] OR

   [  ] that [Parent 1] will make a proposal for [Parent 2] to review and comment on. In the event they cannot agree, they will mediate the issue through [mediation professional or mediation centre name] OR

   [  ] that they will rely on the dispute resolution terms in their separation agreement/court order

   Long Term Closure

   In the event that [Child]’s in-person option from the school is no longer available, the parties agree (choose as applicable):

   [  ] to maintain the current parenting schedule [add if appropriate: and if the parent whose care the child is in needs modifications to that schedule, they will first ask the other parent and, if the other parent is unavailable, make other arrangements for the care of the child] OR

   [  ] to change the current schedule such that [Insert specific changes – for example, that on specific days the child will be in the care of a specific parent or third party] OR

   [  ] that [Parent 1] will make a proposal for [Parent 2] to review and comment on. In the event they cannot agree, they will mediate the issue through [mediation professional or mediation centre name] OR

   [  ] that they will rely on the dispute resolution terms in their separation agreement/court order

   If applicable, the parties also agree that [Child] is permitted to contact the other parent during their care, by telephone or video, for assistance with their studies. If [Child] is demonstrating particular difficulty in [particular subject], the parties agree to carve out specific individual time for [Parent] to ‘tutor’ the child in that area on [insert Date/Time].

   Scheduled School Day Closure (PA Day)

   [  ] where there is a school day off (e.g. PA day), the parties agree as follows: check the school calendar and insert specific changes here] _________________________

   In Event of Remote Learning

   In addition to communication from the school, both parents will exchange any additional important information they receive as to online learning.

   So long as the in-person option is not available, each parent is responsible to use best efforts while [Child] is in their care to ensure [Child] is present at online school during scheduled classes while in their respective care, and both parties must encourage the timely and thoughtful completion of assigned homework.

   Each parent is responsible to ensure the Child has appropriate technology to facilitate remote learning, OR:

   [  ] make arrangements with the school to obtain such technology OR

   [  ] the parties will address purchasing such technology as a special expense

   Current Parenting Schedule to Prevail

   The parties agree that any changes to the current parenting schedule for the purpose of facilitating online schooling is a temporary accommodation. Upon the resumption of in-person learning, or for the purpose of any holiday time already agreed/ordered [Insert as needed: including winter break, March break, and summer vacation], they will return to the current parenting schedule as agreed between the parties or ordered by a court.

Option Selection and Duration

[Party 1] and [Party 2] agree that for the period commencing on [Date], [Child] will attend [Child’s School] online/remote learning option for:

[  ] as long as the option is available OR

[  ] the current semester, until the first switch-over election date OR

[  ] until [Specify date or school event, e.g. end of semester, winter holiday, etc.] OR

[  ] until [Specify change in the health or other condition/event on which the online option decision was based, preferably based on a mutually agreeable standard, e.g. the recommendation of the physician of the party whose health would otherwise be placed at unacceptable risk of harm, or a school infection rate].

Communication

Each party is responsible to be signed up with the school and class email lists to receive updates from [Child]’s school board, school, and teachers, as applicable. If applicable, a parent with primary contact and access with the school shall provide the other parent with the contact information for each of the children’s respective teachers, and ensure that the other parent is authorized or directed to access the school’s online parent portal. The other parent will confirm that the children’s teachers are aware of [their] contact information, and that they are available to receive important messages sent home.

In addition to communication from the school, both parents will exchange any additional important information they receive as to online learning.

Parenting Schedule to Apply

So long as [Child] will attend online/remote learning provided by the school, the parties agree (choose as applicable):

[  ] they will maintain the current parenting schedule [add if appropriate: and if the parent whose care the child is in needs modifications, they will first ask the other parent and, if the other parent is unavailable, they will make other arrangements for the care of the child] OR

[  ] to change the current schedule such that [Insert specific changes, for example, that on specific days the child will be in the care of a specific parent or third party] OR

[  ] where there is a school day off (e.g. PA day), the parties agree as follows [check the school calendar and insert specific changes here] _________________________OR

[  ] that [Parent 1] will make a proposal for [Parent 2] to review and comment on. In the event they cannot agree, they will mediate the issue through [mediation professional or mediation centre name] OR

[  ] they will rely on the dispute resolution terms in their separation agreement/court order

If applicable, the parties also agree that [Child] is permitted to contact the other parent during their care, by telephone or video, for assistance with their studies. If [Child] is demonstrating particular difficulty in [particular subject], the parties agree to carve out specific individual time for [Parent] to ‘tutor’ the child in that area on [insert Date/Time].

Maintaining Educational Continuity

So long as the in-person option is not available, each parent is responsible to use best efforts while [Child] is in their care to ensure [Child] is present at online school during scheduled classes while in their respective care, and both parties shall encourage the timely and thoughtful completion of assigned homework.

Each parent is responsible to ensure the Child has appropriate technology to facilitate remote learning, OR:

[  ] make arrangements with the school to obtain such technology OR

[  ] the parties will address purchasing such technology as a special expense

Current Parenting Schedule to Prevail

The parties agree that any changes to the current parenting schedule for the purpose of facilitating online schooling is a temporary accommodation. Upon the resumption of in-person learning or for the purpose of any holiday time already agreed/ordered, (Insert as needed: including winter break, March break, and summer vacation) they will return to the current parenting schedule as agreed between the parties or ordered by a court.

Duration

The parties agree that [Child] will be homeschooled by [one parent/both parents] for the:
[   ] fall 2020 school term OR
[   ] fall 2020 and winter/spring 2021 school terms

30 days before the end of the agreed term, the parties will wholly review and assess the educational model for [Child] to continue going forward.

Schedule

During the school year, the regular schedule will continue but [Child] will be in [Parent]’s care every weekday, from [time] to [time], for homeschooling.

Curriculum

[Homeschooling Parent/both parents] will be responsible to teach [Child] the [grade level] curriculum on the posted schedule as provided by [agreed homeschool materials provider].

Communication and Homework

The parties will communicate [agreed frequency, e.g. daily, weekly] regarding the child’s educational progress and upcoming assignments. Each parent is responsible to encourage the timely and thoughtful completion of assigned school work while the child is in their care.

Discontinuing Homeschooling

In the event [Homeschooling Parent is/both parents are] unable to continue homeschooling for any reason including but not limited to: [Homeschool Parent]’s time available time for teaching is restricted, prolonged illness of [Homeschool Parent]; the child is not thriving, the parties agree to:

[  ] review the available schooling options for the balance of the term, as well as options for the upcoming term

[  ] to enroll the child in remote learning OR

[  ] to enroll the child in in-person learning at the next available date as provided by the School Board

[  ] In the event of disagreement, the parties will mediate the issue through [mediation professional or mediation centre name]

[  ] In the event of disagreement, the parties will rely on the dispute resolution terms in their separation agreement/court order

Duration

The parties agree that [Child] will attend pod learning with [Providers] (“the providers”) with up to [number] participating children per class for the:
[   ] fall 2020 school term OR
[   ] fall 2020 and winter/spring 2021 school terms

30 days before the end of the agreed term, the parties will wholly review and assess the educational model for [Child] to continue going forward.

Cost Sharing

The parties agree that for the agreed term [only] they will treat the cost of pod learning as an extraordinary expense and parent 1 will pay ___% and parent 2 will pay ___% of the expense:

In the event the expense is tax deductible or claimable as a tax credit by at least one party, the payment of the expense by the other party will be net of the cash value of the allowable credit on that party’s taxes as calculated using Divorcemate Software, based on their [estimated year] income.

Communication

Each party is responsible to be signed up with [Providers] and email lists to receive updates as applicable. If applicable, a parent with primary contact and access with the providers shall provide the other parent the contact information for each of the child’s respective teachers and ensure that the other parent is authorized or directed to access the providers’ online parent portal. The other parent will confirm that the child’s teachers are aware of [their] contact information, to receive important messages sent home.

Properly Equipped

Each party is responsible to ensure that when [Child] is in their care, they are properly prepared for COVID-19 restrictions at the providers’, including ensuring that [Child] attends the providers’ with 2 masks (a primary and a backup), and hand sanitizer.

Temporary Closure

In the event that [Child]’s in-person participation is temporarily suspended because of quarantining policy or temporary shutdown of the pod or providers, the parties agree (choose as applicable):

[  ] they will maintain the current parenting schedule [add if appropriate: and if the parent whose care the child is in needs modifications, that parent will first ask the other parent and, if the other parent is unavailable, that parent otherwise is responsible for the care of the child] OR

[  ] that [Parent 1] will make a proposal for [Parent 2] to review and comment on. In the event they cannot agree, they will mediate the issue through [mediation professional or mediation centre name] OR

[  ] they will rely on the dispute resolution terms in their separation agreement/court order

Scheduled School Day Closure

[  ]        where there is a school day off (e.g. PA day), the parties agree [check the school calendar and insert specific changes here] _________________________

Long Term Closure

In the event that [Child]’s in-person option from the providers is no longer available, the parties agree (choose as applicable):

[  ] they will maintain the current parenting schedule [add if appropriate: and if the parent whose care the child is in needs modifications, they will first ask the other parent and, if the other parent is unavailable, they will make other arrangements for the care of the child] OR

[  ] to change the current schedule such that [Insert specific changes – for example, that on specific days the child will be in the care of a specific parent or third party]

[  ] that [Parent 1] will make a proposal for [Parent 2] to review and comment on. In the event they cannot agree, they will mediate the issue through [mediation professional or mediation centre name] OR

[  ] they will rely on the dispute resolution terms in their separation agreement/court order

In Event of Remote Learning

So long as the pod option is not available, each parent is responsible to use best efforts while [Child] is in their care to ensure [Child] is present at online school during scheduled classes, and both parties must encourage the timely and thoughtful completion of assigned homework.

In addition to communication from the school, both parents will exchange any additional important information they receive as to online learning.

Each parent is responsible to ensure the Child has appropriate technology to facilitate remote learning, OR:

[  ] make arrangements with the provider or school to obtain such technology OR

[  ] the parties will address purchasing such technology as a special expense

Current Parenting Schedule to Prevail

The parties agree that any changes to the current parenting schedule for the purpose of facilitating online schooling is a temporary accommodation. Upon the resumption of in-person learning with the providers, or for the purpose of any holiday time already agreed/ordered [Insert as needed: including winter break, March break, and summer vacation], they will return to the current parenting schedule as agreed between the parties or ordered by a court.