Almost a week ago, the WA Government implemented unprecedented regional and intrastate prohibition and restrictions on Western Australians. Initially, this caused much angst for separated parents who share parenting plans and orders with individuals living outside these restrictions zone, however, the below information explores why these circumstances are an exemption to the travel bans.
The circumstances surrounding the severe acute respiratory syndrome coronavirus-2 (SARS-CoV-2) and its coronavirus disease (COVID-19) are evolving daily. The different State, Territory, and Federal Governments are actively coordinating their efforts to address this pandemic on each level of government.
Your Family Court Orders and compliance
Separated parents traversing this pandemic are exposed to various kinds of stressors in addition to navigating through the family law landscape.
The Family Law Section of the Law Council of Australia, which is the peak body for family lawyers, outlined its top ten suggestions for separating parents. Click here to download the 'Top Ten Guide for Separated Parents during COVID-19'.
It is understandable that separated parents are confused about complying with their parenting arrangements when governments are calling for various measures to combat COVID-19, which includes social distancing – meaning, amongst other things, staying at home unless going outside is necessary and keeping visitors to a minimum.
Separated parents are still being encouraged to comply with their Family Court Orders or agreement unless a reasonable excuse applies to your circumstances. Failing to comply with regulated arrangements may result in a breach and permit a party to bring a contravention application. We cannot foresee how the Family Court will address a party's failure to comply with regulated arrangements in the context of COVID-19. It is likely that each case will be assessed on its own facts. The party resisting compliance must be prepared to provide evidence to support their course of action.
To that end, sometimes strict adherence to the regulated arrangements may not feasible, but the purpose and spirit of the arrangements must still be acknowledged. Parties should be guided by the underlying principle that a child's best interests are paramount, and these largely encompasses the care, welfare, and development of that child.
Adapting to the changing climate
A series of changes will likely be necessary now and in the near future. It is likely that revised arrangements will be necessary for the interim.
We have identified the following five areas where difficulties will arise:
- location for handovers (pick-ups and drop-offs);
- engagement with or continuing engagement with child supervision agencies;
- movement between households (incl. minimising contact with at risk persons);
- defining the parameters for school holidays; and
- interstate or overseas travel.
We encourage separated parents to act reasonably and avoid giving in to their emotions. Communication between parents, their children, and others will be key.
Now is the time to work together. We are encouraging separated parents to consider sensible and practical solutions where necessary.
HHG Legal Group can assist
For over 100 years HHG Legal Group has been proudly serving Western Australian families, business and individuals. Never before has the State seen such a crippling time for many small businesses and individuals and we are committed to supporting the communities in which we operate.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
