We have received confirmation today from the courts that all civil court business will be suspended at least 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.
In child cases, the court has indicated that parents who disregard contact orders will not be held in contempt of court, which is the criminal offence of wilfully disobeying a court order. However the government has issued guidance that contact should be continuing. If all households are socially isolating from anyone outside their household, there is a low risk for children passing between those households. It is particularly important that all the adults in both houses and the children do not have contact with friends or extended family members to limit the risk to everyone. Parents should also consider situations where using Facetime, Skype or telephone calls would be appropriate.
The social distancing measures will not last forever. Anyone who uses the pandemic as an excuse to frustrate or prevent contact in the short term is likely to be subject to criticism from the courts when these measures are lifted. These are scary and uncertain times where we need to be able to support each other to do the right thing.
If you believe that your case needs to be heard urgently please contact the office and we will be delighted to discuss your options with you.
