FAMILY LAW COVID-19 PARENTING INFORMATION
“The Covid-19 pandemic is bringing unprecedented changes to the family law landscape. Many parents are worried and confused about what COVID-19 means for them, and how it will affect their children and parenting arrangements. “ – Claire Naidu & Co –
COVID-19 PARENTING FACT SHEET
You may be worried or confused about what COVID-19 means for your and your family including how it might affect your child/ren and their parenting arrangements.
How does COVID-19 affect my family?
The COVID-19 pandemic may mean that existing court orders or parenting arrangements are no longer practical or in the best interests of children.
Families’ safety and wellbeing are the most important considerations. If possible, you and and the other parent should try to reach agreement. It may not be possible for you and the other parent to agree on parenting arrangements, especially if either of you has concerns for your safety or the safety of the children.
In an emergency you should contact the police on 000 immediately.
You should also consider obtaining legal advice.
Are the Courts still open?
The Family Law Courts, including the Federal Circuit of Australia remain operational, however they are continuing to monitor the situation and implement changes in terms of the way that the court services are delivered, including reduced capacity and telephone appearances where possible.
I have a matter in court, what should I do?
If you have a matter in court and you are not sure what you need to do or if you need to go to court, you should contact us on 02 6109 0118 and speak to one of our lawyers for advice. Click here for our contact details.
I HAVE CURRENT PARENTING ORDERS
Are my parenting orders still in force?
Court orders are still in force. If you have current court orders you should comply with those orders where possible.
If you are unsure what this means for you, you should seek urgent legal advice.
What if COVID-19 makes it difficult or impractical to follow my parenting orders?
This pandemic is affecting everyone and challenging the way that we would usually do things. During this this pandemic, situations might come up that make it difficult, impractical or impossible to follow the orders. For example, a child/ren or parent may have to go into isolation, previous agreed handover locations such as school and childcare may no longer be possible or there may be restrictions in travelling interstate or difficulty with usual means of travel occurring.
If it is safe to do so, you should communicate with other parent to try to find a solution.
If you need assistance to reach agreement, you could attend mediation with your former partner. Telephone and video mediation is an option that may mediators offer. Claire Naidu & Co also offer mediation services.
If the parties are unable to agree to vary the arrangement, or if it is unsafe to do so, and one or both of you continue to have real concerns, you may need to consider whether you should make an application to the court to vary the orders.
Claire Naidu & Co remains open are are continuing to support our parents in their family law matters. Should you require advice about whether you should make an application or how to make an application to court, Claire Naidu & Co can assist you. Click here for the contact details.
WHAT HAPPENS IF WE HAVE CURRENT PARENTING ORDERS AND WE CANNOT REACH AGREEMENT?
If you have current court orders you should comply with those orders where possible. At all times parties must act reasonably. There are serious consequences for breach of court orders without a reasonable excuse to do so.
Is COVID-19 a reasonable excuse?
Both the Family Court and Federal Circuit of Australia has made it clear that orders are to be complied with and that the ordinary laws about enforcement will apply.
The courts have made it clear that orders should be complied with and absent safety issues, if the orders provide for the child/ren to spend time with both parents, they should continue to do so. If that is not possible, there should be an attempt to negotiate and consider what arrangements are in the children’s best interests.
What about interstate travel?
Some Australian states and territories have applied border restrictions in response to the Government’s protocols for non-essential travel. This is a developing matter and the courts are continuing to liaise with authorities in relation to travel for compliance with court orders.
If you need to cross a border, you should consider the following:
- Checking with police before trying to cross a border
- Have a copy of your court orders, current photo identification and proof of the other parent’s address. If you do not have a hard copy of the order, you should have an electronic copy available to produce
- Keep photo identification with you
- Have the other parent available by telephone in case they need to be contacted by police
- Keep in mind that it might take a lot longer than usual to cross state or territory borders during the pandemic
- Get legal advice before trying to cross a border
What happens if the other party breaches the orders without your consent?
When one parent does not follow court orders without the agreement of the other parent, a court can impose penalties on them. However, the court might decide that the parent had a reasonable excuse, which will be at the discretion of the Judge, for breaching an order. All parents should try to be as flexible and sensible as possible and focus on their children’s best interests. If you need advice in relation to that agreement or how it should be documented, contact Claire Naidu & Co.
I DO NOT HAVE CURRENT PARENTING ORDERS
Even if you do not have current parenting orders, you may already have had some form of parenting arrangements in place with the other parent. These could be informal or formally written, for example in a parenting plan. You should consider if these arrangements can continue in the pandemic or if they need to be altered.
You may consider implementing a temporary alternate parenting arrangement, for example a temporary parenting plan. Temporary parenting plans focus on short-term needs and outline alternate arrangements in extenuating circumstances.
If it is safe to do so, you should communicate with other parent to try to find a solution. If you are able to reach agreement, this can be outlined in an agreed way and documented between the parties, for example in writing and signed by the parties where possible. If you are unable to sign the agreement with your co-parent you may consider confirming in writing that you both agree to enter into that agreement by way of email, text message or using a parenting application. If you need advice in relation to that agreement or how it should be documented in a form and way that best suits your need, contact Claire Naidu & Co.
If you need assistance to reach agreement, you could attend mediation with your former partner. Telephone and video mediation is an option that may mediators offer. Claire Naidu & Co also offer mediation services.
If the parties are unable to agree to vary the arrangement, or if it is unsafe to do so, and one or both of you continue to have real concerns, you may need to consider whether you should make an application to the court to vary the orders.
Claire Naidu & Co remains open are are continuing to support our parents in their family law matters. Should you require advice about whether you should make an application or how to make an application to court, Claire Naidu & Co can assist you. Click here for the contact details.
SELF-ISOLATION
Self-isolation means staying at home to assist in avoiding spreading the covid-19 virus. There are some people who must self-isolate, including people who have COVID-19, people who have been in close contact with someone who has COVID-19, and people who have recently arrived in Australia. The Australian government has issued information on who needs to self-isolate. More information can be found at: https://www.health.gov.au/news/health-alerts/novel-coronavirus-2019-ncov-health-alert/how-to-protect-yourself-and-others-from-coronavirus-covid-19/self-isolation-self-quarantine-for-coronavirus-covid-19 .
What if my child/ren or I need to self-isolate?
If you or your child/ren is sick/experiencing symptoms which could be consistent with COVID-19, you should consult a doctor and follow health advice and directions. If you or your child/ren is directed to self-isolate, you should follow health advice and directions. You should consider the following, and if it is safe to do so:
- Give your child/ren’s other parent the instructions provided to you in writing to as soon as you can, including the directions and when the isolation period is anticipated to end
- Obtain medical advice in writing to send to the other parent as soon as you can or ask the doctor to speak to the other parent over the telephone
- Contact the other parent by text message, WhatsApp or email so that you have a written record of your agreement and the information you gave the other parent
- Have discussions about alternative plans for the children if required.
What if the other parent needs to self-isolate?
If the other parent has been directed to self-isolate and you have care of the children you should consider the following and if it is safe to do so:
- Trying to be as flexible and reasonable as possible when making new arrangements
- Trying to help and facilitate your child/ren to maintain contact with the other parent/ other family members by telephone, video or FaceTime chats or email, during any period of self-isolation
- What make-up time, if any, there may be for that parent when the self-isolation period is over.
HOW CAN I GET HELP?
In these challenging times, it is important that you and the other parent work together, where possible and if it is safe to do so, to consider and implement arrangements that are in the child/ren’s best interests. If you or someone you know needs legal advice, please contact us.
You can find more information by visiting the Family Court of Australia webpage: http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/about/covid/covid-news-hp.
We are continuing to support our clients and we can assist you in making an application to court if you need to at this time.
We have a variety of appointment and servicing options available, including telephone and video conferencing for appointments. We can also make arrangements for you to sign your documents in a safe way.
Our team of lawyers can assist you and provide you with advice tailored to your family law matter and your child/ren. For example, what happens if you cannot reach agreement with your former partner, how is the pandemic effecting the Family Law Courts and what are your options in moving forward.
We offer an initial appointment for a fixed fee price. In light of the current pandemic, we are also offering specialist family law COVID-19 advice as part of the initial appointment for no extra fee.
During our appointment with you we will discuss your family law matter and provide you with family law advice including COVID-19 advice tailored to your situation.
Our team of experienced family lawyers are able to provide you with family law COVID-19 advice and support you in your family law matter. If you would like to schedule an appointment, click here for our contact details.
Note: This article does not constitute legal advice and Claire Naidu & Co is not responsible for any reliance upon its contents. If you would like specialist legal advice and would like to know what is best for your situation, contact us for a fixed fee initial appointment.
Click here for our contact details and to make a fixed price initial appointment during the Covid-19 pandemic.
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