COVID-19 does not affect the validity of existing parenting orders. It remains the case that compliance with orders is required unless the child is at risk of exposure if placed in the other parent’s care.
Parents must meet their obligations unless there is a reasonable excuse not to do so. Among the reasons why parents may not be able to follow existing parenting orders include quarantine arrangements, closures to places such as schools, and social distancing requirements.
If you have a court order, you should continue to follow this unless you have a reasonable reason for not doing so.
Parents are expected to consider the practical issues caused by the pandemic and agree on what is in the best interests for the children. Best interests mean taking into account the need to maintain a child’s relationship with each of their parents and the child’s safety and well-being.
When parties cannot reach an agreement regarding their child’s care arrangements, they should seek professional help to assist them.
It is the responsibility of the parents to vary any existing parenting orders if they consider this necessary due to COVID-19. Family dispute resolution options are available to parents. Alternatively, the family law courts have established a ‘COVID-19 list’ to deal with urgent family law matters that have been impacted by the pandemic.
If you require assistance with your parenting orders, or other care arrangements for your child, please contact the family law specialists at Szabo & Associates Solicitors on 02 9281 5088 or fill in our online contact form.
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