Co-parenting certainly has its challenges such as managing the weekly commitments of the childrens’ schooling and extracurricular activities. Now we have to add into the challenge an invisible enemy in the form of the COVID 19 pandemic which includes managing social distancing and self-isolation for the children and the parents. And, understandably, Court Orders are unlikely to address the issues caused by the virus.

Five Questions that arise with this new challenge

1. Do I have to follow my Court Orders or Parenting Agreement at the moment?

The simple answer is, yes.

You still have to meet your obligations under the Orders unless there is a reasonable excuse why you cannot comply. If you anticipate there will need to be a change to the current arrangements due to isolation, social distancing or travel restrictions, then you should give the other parent sufficient notice and explanation for the required change of arrangement.

2. What do I do if changeover locations need to be moved?

There will likely be a need to alter changeover locations, perhaps more than once, with sporting events being cancelled and schools potentially being closed.

It is important to openly discuss an alternative changeover location with the other parent. The location should be neutral, public and not over-crowded.

If your child or children have had the same changeover location for a while, it may be useful to start discussing, in a positive way, that they will be collected by the other parent now at, for example, the park instead of from swimming lessons.

3. What if the other parent is self-isolating, quarantined or cannot spend time with the children during this period?

It is very important for the connection between the children and their parents to continue. This may mean adapting communication by Facetime or Skype with the other parent.

E&A Lawyers are currently using the program 'Zoom' to conduct meetings with clients who are self-isolating, and we are pleased to report that it is working very well.

4. Are the courts still open if we cannot agree on arrangements during COVID 19?

Yes, the Family Court of Australia and Federal Circuit Court of Australia are currently still open and hearing both parenting and property matters.

The courts’ protocols are constantly evolving with the development of new information.

At present, some matters are being heard by telephone or audio-visual link. For matters which need to be heard in person, there are restrictions on the number of people that can be present in the courtrooms and the vicinity at any one time.

Now, more than ever, there is a need for parents to find compromise between themselves to parent in the best interests of the children.

It is anticipated that courts will have limited availability to hear matters as this situation progresses and alternate dispute resolution services may also be difficult to access.

5. How much information about the family's health do I need to give the other parent?

It is important for both parents to be on the same page about what protective and sanitation measures each household will have in place to limit the child's exposure to COVID 19.

This may be agreeing that the child will wash their hands every time before eating or agreeing that they will suspend after school sport until such time as it is deemed safe to return.

It is also important to discuss with the other parent what age-appropriate information about COVID 19 will be given to the children and ensure that this information access is uniform throughout both households.

The current pandemic can be very frightening for children. Their mental health, as well as physical health, needs to be closely monitored by both parents at this time. Parents should be open with each other about any potential risks of exposure or heightened anxiety in the child or children.

If you require any information regarding Parenting Orders or assistance in negotiating an informal alteration of your Parenting Orders in the interim to get through this period, please do not hesitate to contact Bridget Schultz who will be happy to assist.