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Global News: Teens, Divorced Parents & COVID-19 - Featuring Alyssa Bach, Shulman & Partners

Alyssa Bach
Alyssa Bach |

 

Alyssa Bach, Associate Lawyer at Shulman & Partners LLP, joined Global News to talk about a growing issue for separated and divorced parents during COVID-19: teenagers asking to switch households. As Ontario navigates rising case numbers and the prospect of a second lockdown, some teens are reassessing where they want to live based on comfort, rules around restrictions, and how supported they feel with school and social life. Alyssa explains that these requests are not always about safety concerns, but often about which home feels more lenient or flexible during an already stressful time. Her comments shed light on how the law treats older children’s preferences, the financial impact of a change in residence, and why parents are encouraged to focus on communication and problem solving rather than rushing to court.

"When you're looking at custody and access issues, they're determined based on the best interest of the child, and when assessing the best interest of the child, part of that is considering views and preferences of the kids. Now, as children get older, their views and preferences carry more weight."
— Alyssa Bach, Associate Lawyer at Shulman & Partners LLP

In this interview, Alyssa explains that her firm is seeing a clear rise in calls from separated parents whose teenagers want to change which parent they live with, particularly as talk of a second COVID-19 wave intensifies. Many of these teens spent the first lockdown in one home and are now asking to move to the other parent’s household before restrictions tighten again. The underlying reasons are often practical and emotional: they may feel the other home is more relaxed about day to day routines, more flexible about online learning, or simply offers a change of environment after months of confinement.

Alyssa notes that in family law, parenting arrangements are determined based on the best interests of the child. For teens, their own views and preferences are an important part of that analysis. As children reach their mid to late teens, courts generally give their wishes more weight, unless there is clear evidence that the proposed move would not be in their best interests. This makes outright refusal difficult for a parent who wants to keep the teenager in their current home, especially when the reasons are tied to normal adolescent needs for independence and social connection rather than serious safety concerns.

At the same time, she emphasizes that pandemic realities cannot be ignored. Parents have to think beyond strict versus relaxed rules and look at broader factors: whether each home can support the teenager with online or in person schooling, whether the parents live close enough to avoid long commutes, and whether there are meaningful differences in COVID-19 precautions that could affect health. These practical questions sit alongside the emotional ones about tension in the home, isolation, and how to help teens cope with anxiety during a disruptive school year.

A major complication Alyssa highlights is the financial impact of a change in primary residence. If a teenager moves from one parent’s home to the other, child support responsibilities usually flip as well. A parent who has relied on support for years may suddenly lose that income and, depending on earnings, may now have to pay support instead. While this can be a powerful source of resistance, Alyssa is clear that support is a consequence of the move, not a deciding factor in whether the move should happen if it is genuinely in the child’s best interests.

Rather than rushing to litigation, Alyssa encourages parents to have honest conversations with their teen and with each other. Exploring the reasons behind the request, considering temporary versus permanent changes, involving counselors where appropriate, and trying to reach a negotiated solution can reduce conflict and delays. In her view, the goal is to balance legal rights, financial realities, and public health guidance with a compassionate focus on what will help teenagers stay safe, supported, and emotionally stable during the pandemic.

Listen to the full Global News segment here. 

This media appearance is part of Shulman & Partners LLP’s ongoing contributions to Canadian family law discussions. Explore more of our media features in our In the Media  archive.

 

 

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