New legislation and freedom of movement restrictions as a result of the COVID-19 pandemic have drastically changed how we live our lives in a relatively short period of time.

These strange and uncertain times can be especially challenging for separated parents trying to navigate the family law process and understand how these restrictions impact their ability to comply with existing Parenting Orders in a safe manner.

The Chief Justice of the Family Court of Australia and Federal Circuit Court of Australia have issued a statement providing parents with guidance and assurance that the Courts are acutely aware that the COVID-19 pandemic is having an enormous impact on families.

The statement highlights that:

Courts will remain open and will primarily conduct hearings via videoconferencing or by telephone;
Parents and carers must continue to act in the best interests of their children;
Parents and carers are expected to comply with Court orders in relation to parenting arrangements, provided it is safe to do so.

There are some common situations which have arisen as a result of COVID-19 making strict compliance with existing Court orders difficult. These include:

Where a changeover location has been closed;
Where the travel distance is considered ‘too far’ or cross-border; and
Where there are genuine safety issues whereby a parent or someone in close contact with a parent has been exposed to COVID-19, which can restrict the safe movement of a child from one house to another.

If you are facing this type of situation, and provided it is safe to do so, it is recommended that as a first step parents communicate with each other about their ability to comply with existing Orders. Parents are encouraged to attempt to find a safe, practical, and perhaps creative solution to these difficulties.

In doing so, you should try to reach sensible and reasonable solutions and remain calm. Each parent should bear in mind the safety and best interests of the child, but also appreciate the concerns of the other parent. This includes being understanding of any genuine risk of infection to vulnerable members of the child’s family and household.

If the existing Orders have to be altered, parents are expected to respect the spirit of the Orders and keep arrangements as normal as possible for the children. A suggestion would be to provide the children access to the other parent by social media or video conference calls at the usual times when the children would normally spend physical time with that parent.

If an agreement can be reached about new parenting arrangements, even if it is agreed it only lasts for a short duration, it is ideal that the agreement be documented in writing. This can be done by non-traditional means such as SMS or email.

If an agreement has been reached and Consent Orders have been developed to outline new or varied Parenting Orders, Consent Order applications can be filed electronically with the Court. This process is relatively quick and usually conducted without parties having to attend a hearing.

If you and your ex-partner are unable to agree to vary the arrangement, or if it is unsafe to do so, and one or both parents continue to have real concerns, either parent is at liberty to approach the Court electronically. Urgent matters are still continuing to be heard by the Court. If you or your child is in immediate danger, please contact your local police station and seek medical advice if required.

In these circumstances, parents should keep the children safe until the dispute can be resolved and ensure that the children continue to have some contact or communication with each parent even if only by electronic means.

At all times, the Court expects parents to act ‘reasonably’. Parents who do not comply with Court Orders without a reasonable excuse may be subject to Contravention proceedings. A party who is found to have contravened parenting Orders may be subject to penalties including fines and even imprisonment for serious or repeated contraventions.

This makes it even more important that if existing Orders cannot be strictly adhered to during this time, parents are expected to ensure that the spirit of the Orders are respected when considering altering arrangements, and of course that they act in the best interests of the children.

Mediation, arbitration and the Family Relationships Advice Line are particularly helpful avenues to assist separated parents to narrow issues in disputes and try to reach an agreement in these times.

The following links contain general information about parenting orders:

If you have concerns about parenting arrangements in these uncertain times, our team at Shiptons are happy to assist you. We are able to provide you with advice tailored to your situation and up to date information about Court procedures in the context of the COVID-19 pandemic. So if you wish to discuss your situation or have any questions, please get in touch with us on 9976 5222.