What does COVID-19 mean for your Parenting Arrangements?
Amidst these confusing times, there is little clarity about what this pandemic means for separated parents spending time with their children. Many social restrictions have been placed on us and ‘social distancing’ is now the new buzz term. At the time of writing, Australia had not declared a full lock down, however many restrictions are being enforced on movement, including in some instances, State and Territory border closures.
By Agreement
Parenting arrangements can always be altered by agreement. Have a conversation with your former partner to ascertain whether there are any restrictions that are affecting your partner or the children that you need to be aware of. Consider whether or not you need to alter the amount of time each of you spend with the children, the pick up and drop off arrangements, or who the children should come in contact with, for example elderly grandparents. If you can agree to an arrangement, it is always best to document it in writing.
Court Orders Still Apply
Court orders remain applicable and must be complied with as long as they remain in the best interests of the children. COVID-19 cannot be used as an excuse for one parent to withhold the children from the other. The social restrictions may of course impact certain aspects of Court Orders, such as where and how changeover will occur, and what activities parents can do with their children.
There may be instances where it is impossible to comply with Court Orders. For example, if a member of the family contracts the virus or comes into direct contact with someone who has tested positive for the virus then the Government isolation directions will apply to the household. Common sense and understanding from both parents is paramount to ensure the children’s best interests and physical health are not compromised.
Similarly, parents who do not live in the same State or Territory may not be able to cross State or Territory borders for their usual visits with their children. If the government restrictions significantly impact the amount of time you are able to spend with your children, you may have grounds for make up time once the restrictions have been lifted.
Always Consider the Best Interests of the Children
The children have the right to have a meaningful relationship with both of their parents, COVID-19 does not change this. Maintain perspective about your children’s best interests and remember that the restrictions will not last forever.
Practical Advice
Approach the subject of COVID-19 with your former partner early, before a dispute arises. Keep an open mind whilst having discussions and try to understand each other’s perspective. Document any agreements you reach. The family courts remain open for business, with some restrictions on how they operate.
If you need assistance turning your parenting agreement into consent orders or negotiating with your former partner, get in touch with Alicia today:
