Parenting arrangements and a Pandemic

The parenting arrangements for children of separated parents can be difficult to navigate at the best of times. So, what happens when a global pandemic is also a factor in these parenting arrangements?

Whilst there is no specific family law legislation to cover the current covid-19 crisis, if there are Family Law Orders in place with respect to your parenting arrangements, you must seek to comply with those Orders.

Despite facing a global pandemic, when it comes to children, the Family Court of Australia and the Federal Circuit Court of Australia (“the Courts”) are concerned with what is in a child’s best interests, and not necessarily with the wishes of either parent.

In a recent Media Release from the Chief Justice, the Courts reinforce that “it is imperative that parents and carers act in the best interests of their children.  This includes ensuring their children’s safety and wellbeing.” The Courts also confirm that “parents and carers are expected to comply with Court orders in relation to parenting arrangements”.  It is acknowledged that in the current unprecedented circumstances, strict compliance may be difficult, if not impossible.

DHHS have also published Stay at Home Directions applicable from midnight 30 March 2020 to midnight 13 April 2020 with which parents should be familiar.  We expect further directions will be published.

There may be circumstances where compliance with Court orders is difficult or impossible in the current climate, for example if a children’s contact service is closed, if changeovers at school cannot occur or if interstate travel cannot be facilitated.  

If possible, parents should use a common-sense approach and communicate reasonably and sensibly to seek to overcome these restrictions and parenting disputes in general. Alternative arrangements such as Zoom, FaceTime or other electronic time could be considered and agreed.  If parents are unable to communicate directly or it is unsafe to do so, then a lawyer may be able to assist remotely in negotiating a solution. Alternatively, many mediation services can conduct remote/online sessions which may also be of benefit to parents trying to resolve a covid-19 related dispute.

Whilst the Courts are restricting face to face attendances at this time, there are still electronic options available for parents who need to apply to the Courts because they simply cannot reach agreement on an urgent parenting matter.

In cases where there are no Court orders in place, parents are urged to consider whether their actions are reasonable and consistent with the best interests of their child or children. Any actions taken by a parent, even in the face of the covid-19 pandemic, could be subject to analysis by the Courts at some point in the future.

Any variations to a parenting arrangement should be confirmed in writing, which can include confirmation by email or text message. However, just because a variation is necessary as a result of the current covid-19 situation, it does not mean that it should necessarily continue on a long-term basis.

Ultimately, the safety and wellbeing of children and families is of concern.  If you have a covid-19 related parenting question, or if you need any family law assistance please contact:

Tara Paatsch                   
Special Counsel
M 0412 660 842
T   03 5225 5254
E   tpaatsch@ha.legal

Lisa Hunt                         
Principal
M  0407 616 729
T   03 5226 8584
E   lhunt@ha.legal