5-day WA lockdown directive and care arrangements - 4 Feb 2021

On Sunday, 31 January 2021 the McGowan Government announced a snap 5-day lockdown for the following regions: Perth Metropolitan, Peel, and the South West Regions. The Stay at Home and Closure (Perth, Peel and the South West Regions) Directions (No 3) came into effect on Wednesday, 3 February 2021 at 5.07pm. The new direction revoked the previous directions issued on Sunday and Monday.

Paragraph 11 of the new direction still maintains that if a person has more than one home, then that person must elect one home as a principal place of residence (within or outside the affected area) and must not leave to go to any other home, except for the purpose of a shared parenting arrangements. The shared parenting arrangements can be under a Court order or pursuant to other arrangements between the parents.

Similarly, paragraph 22 of the new direction also maintains that a person may leave home for care or compassionate reasons. One of those reasons includes a person being able to leave a home in an affected area if it is for the purpose of a shared parenting arrangements, irrespective of whether the arrangements are under a Court order or otherwise. Furthermore, a person can go within the affected area or go outside of the affected area if it is done for the care or compassionate reasons.

It is best practice to ensure that during this lockdown period you have a copy of your Court orders, parenting plan, or any written agreement about the care arrangements with you when travelling between homes. It is equally important to ensure that you have met any criteria for any exemptions or gained the prior requisite approval. If you are unsure about what to do, then it is best to get independent legal advice as soon as possible.

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.