The world is gripped in the COVID-19 corona virus crisis. The government is taking steps that have never been taken in living memory. Many clients have already been in touch to discuss how the fast changing situation will affect their individual cases, so we wanted to offer some general guidance on the most popular topics
Existing contact orders and proceedings…
In almost every case about children it is essential that parents ensure meaningful contact continues to take place. The government has issued advice that whilst the current extremely strict guidance requires everyone but key workers to remain at home, contact between households should still happen.
We recommend that the children are driven between households and that the parent driving does not leave their car if this is possible. Parents should make sure that they isolate themselves from all other friends and family members. This will allow the children to pass from one household to another without increasing the risk of exposure.
For example:
Mum and dad are separated. They have two children, Jane and Paul. Dad sees Jane and Paul every weekend.
This is mum’s house. Mum lives here with her partner Steve, and their baby Daniel.
This is dad’s house. Dad lives here with his partner Emma.
Mum, Steve, Dad and Emma must all stay at home to follow government guidelines. They all agree that they will not have physical contact with anyone else. Mum and dad will take turns dropping off Jane and Paul and will not get out of the car. Jane and Paul are the only people passing between both households and this means that if anyone in either house is infected, the virus is not spreading to the wider community. If no one is infected the risk of either household being exposed to the virus is very low.
This sort of arrangement should be happening even if contact is only during the daytime rather than overnight. Wherever you can, consider being flexible with each other and helping each other.
You may also wish to consider “indirect contact”. This is anything which is not face-to face, in person contact. It includes arrangements such as Facetime, Skype, text messages, telephone calls and emails. Indirect contact might not be as engaging or satisfying as face-to-face contact but as self-isolation becomes prevalent, this might be the best option. We recommend you discuss this with us so that early proposals can be made to attempt to negotiate satisfactory arrangements.
It is also important that appropriate conversations are had with children to explain why contact might be different from normal. It is a scary time and children are likely to take reassurance from the fact that they can still see mum or dad, even if this is by Facetime.
The courts have advised that they will only hear the most urgent business until 19th June. This means that any hearings fixed between now and 19th June will be postponed until a later date. This includes cases that have been assigned proofs, Child Welfare Hearings and all procedural courts. The court has the capacity to hear the most urgent of cases where orders are needed for immediate protective orders only. This is where the safety of an adult or child is at risk. The court will not be processing any new Family Law cases and all cases currently proceeding will be sisted (frozen in time) until the current coronavirus precautionary measures are lifted. This means that we cannot lodge any new actions in court and that there will be no progress made on any cases which are progressing administratively through the courts, such as simplified divorce actions.
