[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column][vc_column_text]It’s no lie that you may have confusion or uncertainty regarding co-parenting with the frequent and rapid developments relating to COVID-19. The team at Kalpaxis Legal are here to inform you of your rights and responsibilities with recent orders and changes.
Recent developments regarding COVID-19
The State of NSW is in “lockdown”. For many of us, having heard the news from the Public Health (COVID-19 Restrictions on Gathering and Movement) Order 2020 which directs that a person must not, without reasonable excuse, leave the person’s place of residence.
This undoubtedly has issues surrounding spending time with children in family law proceedings.
With restraints from the Government and the need to comply with these Orders can present a challenge to parents with parenting arrangements who are inevitably limited in their time spent with their Child. It’s important to remember the Section 60cc of the Family Law Act which is the section relating to what the Court considers determines what is in the Child’s best interests, a primary consideration is the Child having a meaningful relationship with both parents. It’s imperative that you use rationality and adherence to this principle.
In the schedule of reasonable excuses in the Public Health Order, alongside obtaining for goods or services and obtaining medical care or supplies, a reasonable excuse to leave your residence is for children who do not live in the same household as their parents or siblings or one of their parents or siblings. This means you are able to continue existing arrangements or Orders for access to, and contact between, parents and children or siblings.
Although this is a reasonable excuse for leaving your residence, we note that every family law matter and its context is unique. For example, if you have been in the proximity of someone who has tested positive for COVID-19 at your workplace or apartment building, we would strongly advise the principle of acting responsibility both for the parties involved in the family law proceedings and on a public health level.
Rest assured, you are still able to see your Child in consistency with existing Court Orders or arrangements.
Consistency with current court orders
The Family Court of Australia and the Federal Circuit Court of Australia are still operating functional and open to assist in your family law matter. Given the circumstances, some changes have been implemented such as telephone “virtual courtroom” and the priority placed on urgent proceedings. Nevertheless, with technological aid and our proactive ability to react to changes in the industry, we are able to manage court proceedings efficiently.
The Family Court and Federal Circuit Court have released a media statement that reiterates the importance of parents continuing to act in the best interests of their children. This means during this climate, making practical and rational decisions day by day. However, it is important that other parents and carers comply with Court orders in relation to parenting agreements. This means that if time is in the Orders that signify your Child spending time with the other parent, then facilitate that time! We understand that every matter is unique and this can make complying with the orders difficult. This is why we, alongside the Family and Federal Circuit Court, encourage reasonable and sensible communication with all parties involved. Remember, you must be acting in the best interests of the Child. During a time like this it is very important to maintain this mindset. Make sure you document everything because, understandably, things can change really quickly and new arrangements can be made given our adherence to public health policy. New arrangements can be made but they must be in the best interests of the child. This is a time where you must make a rational and balanced decision as to what complies with the existing Orders and what puts the best interests as a priority. It’s important to take note and agree on any new arrangements in writing, even if it be by text, Messenger, email, etc. Be sure to keep a copy of this documentation.
Kalpaxis Legal wants to reassure its clients that, even in a state of abrupt and continuously spontaneous change, we are readily available to assist in your family law matter.
If you would like to discuss your family law matter or recent changes to your existing Orders or agreements, please contact us here or give us a call on (02) 8631 8593.[/vc_column_text][vc_empty_space][/vc_column][/vc_row][vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column width=”1/2″][qode_elements_holder number_of_columns=”one_column”][qode_elements_holder_item advanced_animations=”no”][vc_single_image image=”308″ style=”vc_box_circle_2″ onclick=”custom_link” qode_css_animation=”element_from_fade” link=”/meet-the-family/”][/qode_elements_holder_item][qode_elements_holder_item advanced_animations=”no”][vc_column_text]
By Cassandra Kalpaxis
Collaborative Family Lawyer & Parenting Expert
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