The challenges facing all of us in this COVID-19 situation are unprecedented. For many families with children living across households, there is uncertainty about how these changes will impact their shared care and spending time arrangements.
The advice from the Family Court of Australia and Federal Circuit Court (“the Courts”) is that all parenting arrangements remain in place, whether through the Courts or informal. However, the Courts acknowledge that there will be circumstances where COVID-19 could make compliance difficult and, in some cases, impossible.
The following are some ways the COVID-19 situation may impact your parenting arrangements.
Movement Between Households
The Victorian Department of Health and Human Services (“DHHS”) has confirmed that adhering to parenting arrangements under Court Orders and Parenting Plans are permissible exemptions to the Stage 3 and 4 restrictions that limit movement and visitors to a house.
This means that if you are leaving your house to facilitate the arrangements in your Orders, such as a changeover or having the children visit your home to spend time, then this is allowed under current Victorian restrictions.
It is recommended that you carry a copy of your Court Orders and/or Parenting Plan with you or have a copy accessible on your phone, should you need to produce them if required. Please get in touch with us for assistance if you do not have a Court Order or Parenting Plan.
As always, there is also an exception to the restrictions where a person is at risk of or fleeing family violence.
Self-Isolation and Quarantine
The Courts expect that parents and carers will act in the best interests of their children. This includes continuing to comply with the parenting arrangements as best they can.
Should one parent need to self-isolate or quarantine and the children are in their care, then the children will be required to remain with them for the duration of the isolation or quarantine period.
Any temporary changes to spending time should be discussed and agreed upon with the other parent and, where possible, documented in writing. We can assist you if you need help reaching an agreement or if you need to do so safely.
Changeover Locations
With the closures of schools, extracurricular activities, parks and restaurants, many families now find that their agreed changeover place is no longer accessible.
If possible, it is best to agree on an alternative changeover location suitable for both parents. If it is safe, consider having the changeover occur at the parents’ homes.
Shared Parenting Across State Borders
Due to the various state governments closing their borders to Victorians, families with children moving between households across the border over the school holidays may be impacted.
As the situation is changing rapidly, we recommend that you check the current restrictions in the relevant state before travelling. If you can travel, you must produce a copy of your Court Orders or Parenting Plan when crossing the border. Please contact us if you do not have a written agreement or Court Order.
If it is the case that you are not permitted to cross the state border, then consider arranging for extra video and/or telephone calls during this time to help maintain the children’s relationship with the other parent.
Child Support
Any changes to parenting arrangements between parents can impact Child Support Agency (“CSA“) obligations, as can any changes to a parent’s income. You must contact the CSA if your circumstances change.
A Reminder
Parents and carers are expected to act reasonably in all instances. If temporary changes need to be made due to COVID-19 restrictions, consideration is given to the children’s health and well-being, along with the purpose and spirit of the Orders.
It is important to remember that the children will miss their friends, grandparents, and extended family members and will need a little extra reassurance from their parents.
The challenges arising from the COVID-19 pandemic are not an excuse to limit or withhold the children’s contact with the other parent.
To discuss how COVID-19 may impact your parenting and family law matter, please get in touch with us at 5303 0281 or familylaw@ballaratlawyers.com.au to make an appointment to speak with one of our family lawyers.
The information on this website is general only. It is not legal advice, nor is it intended to be. You should consult a lawyer for individual advice about your particular circumstances.
Liability is limited by a scheme approved under Professional Standards Legislation.
Click here to go back to Publications.
