The recent snap lockdown across 11 South-East Queensland Local Government Areas (LGA's) has caused some confusion with respect to parenting arrangements in separated families, especially those without a parenting order in place.
The Directions issued with respect to the lockdown specify that parties are not to leave their home to transfer children between residences unless they have Court Orders.
Under Direction 6(n):
'A person mentioned in paragraph 5 must not leave their principal place of residence from the time this Direction commences except for, and only to the extent reasonably necessary to accomplish, the following permitted purposes...
'for children under 18 years who do not live in the same household as their biological parents or siblings or one of their parents or siblings, to continue an existing court-ordered or court-directed arrangement for access to, and contact between, parents and children and siblings, but not allowing access or contact with vulnerable groups or persons;
An example of a vulnerable group or person is a person over 70 years or a person with a medical condition that makes them vulnerable to COVID-19.
The Direction goes on to say:
'where a contact or access arrangement is not court-ordered or court-directed, the exception to leave the principal place of residence does not apply and children under 18 years are to remain at the premises they are residing at when this Direction commences for the duration of the lockdown period.'
It is further noted that, wherever practicable, a person should only travel within a 10-kilometre radius of the person's principal place of residence to accomplish a permitted purpose under Direction 6 (above).
What does this Direction mean?
If you are residing in one of the LGA's affected by the lockdown, you are only able to leave your home to facilitate child contact arrangements if these are Court-ordered and do not expose the child/children to a vulnerable person. Even if you are acting in compliance with court-ordered arrangements you should, wherever practicable, not travel more than 10 kilometres from your home to facilitate the arrangement.
Separated families with Parenting Plans or other private arrangements are not entitled to leave their home in order to pick up or drop off their children from another residence.
Unless the parties have court orders in place, either on an interim or final basis, they are not entitled to leave their home to facilitate existing arrangements.
What should I do if I don't have any Parenting Orders?
Be mindful that if you leave your residence without Court Orders which enable you to spend time with your children or pick up and drop off your children for care in another parent's or caregiver's residence, you may face a fine or be subject to another penalty.
Previous lock downs in Queensland have not been as limiting, with families allowed to continue with their usual Parenting Plans, verbal agreements or other private non-Court ordered parenting arrangements. This is not the case with the current lockdown.
The Covid-19 pandemic continues to be in a state of flux, and it is therefore difficult to predict what rules will be in place in the future.
Amid the uncertainly, families should turn to assessing their current parenting arrangements and consider how they can be formalised in order to safeguard the best interests of their children and their rights to continue to a meaningful relationship.
The current situation is a good reminder for families to consider what formal parenting orders they need in place to create stability for their children in the long term.
How can Bennett & Philp Lawyers help?
If you need assistance, our experienced family law team is available for a complimentary 15 minute clarity session to discuss your situation.
We may be able to assist you in organising for parenting orders to be made which formalise any private agreement, and provide greater certainty and security moving forward.
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