Navigating Parenting Orders in a Pandemic

Co-parenting can be challenging at the best of times. COVID-19 and the ever-changing restrictions and rules have undoubtedly made it even more difficult for families to move between two homes.  In recognition of the difficulty parents can face during the this time, the Federal Circuit and Family Court of Australia has established a National COVID-19 List for hearing all COVID-19 cases urgently where parents cannot agree to alternate arrangements.

All states and territories generally recognise that children should continue to have physical contact with both their parents during COVID-19 where practical, to promote the mental well-being of children and parents.

Restrictions may mean that care arrangements; changeover locations or other orders are no longer practical or in the child’s best interests. It is important for parents to work together, to the extent it is safe to do so, to minimise any changes to current orders and the impact of those changes on their children.

We’ve put together some practical tips for navigating parenting orders during the pandemic:

1.       To the extent that is possible and
practical, comply with any existing Court
Orders.

 2.      If you can’t comply with existing orders,
you can avoid dispute resolution or
litigation by trying to find practical
solutions for alternative arrangements
together if it is safe to do so.  For example:

  a.       If your usual changeover location,
for example a school, is closed, try to
agree on an alternate changeover
location;

b.      If your child needs to self-isolate or
quarantine, you might agree to
make-up time once they are no
longer required to self-isolate or
quarantine. In the meantime, uphold
the intention of the Orders by
offering Facetime or telephone
communication in place of face-to
face time.

c.      If time is usually supervised at a
contact centre and the centre is
closed, if it’s appropriate and safe,
you may wish to agree to a third
party family member or friend
supervising time instead.

3.       Keep any alternate agreements in writing
so that you have a record if you need it
later.

4.       If you can’t agree on alternate
arrangements, then you may need to seek
legal assistance or arrange a mediation or
other dispute resolution process to try to
reach an agreement, or as a last
resort, make an application to the Court.  

 5.       If either parent or a child needs to self
isolate or quarantine, you should let the
other parent know as soon as possible
and keep them informed in writing about
any COVID-19 tests and release dates.

 6.       If your child is diagnosed with COVID-19,
pass on any information from their
treating health practitioner to the other
parent in writing as soon as possible or in
accordance with existing orders.

 7.      If a third party family member or friend is
supervising, try to discuss and agree to
alternate arrangements in advance in
case they become unwell or need to self-
isolate or quarantine.

 8.    If you need to cross a border to facilitate
changeover, check the local restrictions
at that time. Some border areas have
flexibility to move between, whereas
some states and territories have
different rules about who can cross
borders. Most states and territories have
exemptions for complying with Court
Orders. Before crossing a border you
should:

  a.    Ensure you have a copy of your
Court Orders (or parenting plan) with
you, preferably in hardcopy but at
minimum an electronic copy;

b.    Have the other parent or third party
supervisor available by phone in case
police need to verify your movements
with them at a border checkpoint;

c.     Check to see if you are exempt from
restrictions or require a formal
exemption.

d.    Get legal advice if you are unsure.

9.       Children have the right to a meaningful
relationship with both parents. They will
be looking to you to support that
relationship during these changing times.

If it is not safe to negotiate alternate arrangements with the other parent or you require legal advice, contact us on:
(02) 6185 7007 or make a booking and one of our experienced family lawyers will be able to assist you.  We can meet with you by Zoom, MS Teams or phone while we continue to work remotely during the ACT’s lockdown.