COVID-19 and Parenting Orders

As parents concern about exposing their children and themselves continue to grow during this uncertain time, we received many enquiries from parents about parenting order compliance.

The Federal Court of Australia and the Federal Circuit Court of Australia (the Courts) are mindful that the current epidemic is having a massive impact on families and the Australian community. In order to provide some guidance to those affected, The Honourable William Alstergren, Chief Justice of the Family Court of Australia has released a statement.

Best Interest of the Children remains as the Paramount Focus

In the Chief Justice statement, His Honour strongly urge affected parents to communicate about their capability to comply with the parenting orders during this epidemic. If arrangements become unclear or cannot be met during this period (e.g. quarantine, travel restrictions, or because schools close), parents are encouraged to find solutions whereby it is practical and child focussed as the best interest of the children remains the paramount focus of the Court. If there is a foreseeable change happening in the future, the affected parent is required to provide the other parent reasonable notice and explanation so that they have time to make some arrangements to adjust to the sudden change.

In circumstances where both parties are unable to comply with the order for the time being due to the epidemic, they must ensure that the aim of the orders are respected. This could involve allowing the children to maintain their relationship with the other parent by spending time and communicating through telephones or other online platforms. It is important for parents to act in a consistent manner in the best interest of the children until such time that the orders can be complied and carried out as usual.

Failure to Comply the with Parenting Orders

There can be consequences for any failure to comply with these court orders, particularly when the parties have no reasonable excuse for doing so. The courts remain open to assist parties of urgent cases.In exceptional circumstances, a small number of face-to-face in-court hearings may be held at the court.

If you would like to find out more about your rights and options with regards to Parenting Orders during COVID-19, Straits Lawyers are here to help. Simply send us an email at info@straitslawyers.com or give us a call on 8410 9069 to arrange an appointment for an online interview.

Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.