It is difficult to know how to maintain parenting arrangements for children during lock down.

Parents are anxious about handing over children to the other parent because they feel a sense of loss of control over any possible exposure to COVID, perhaps sending children to a heightened stressful environment where there is an increase of alcohol consumption, or fear that home schooling won’t be taken seriously.

The Chief Justice of the Family Court Will Alstergren QC has publicaly stated that parents must follow the spirit of their court orders and not unreasonable withhold children from the other parent.

If you have Federal Circuit Court and Family Court orders, and you are currently not complying with the orders, the other parent can commence contravention proceedings and have the matter listed as quickly as 14 days. 

If you genuinely believe that it has become unsafe to send children, or you or your children have been exposed and are now isolating, it is  important that you communicate this immediately to the other parent.

If you are withholding for isolation reasons you must  be prepared to provide medical evidence such as your children’s Covid test or directive from your GP. 

If you are withholding children on a hunch of exposure without any evidence you maybe be in a position when you are found not to of acted with a reasonable excuse and you maybe held in contravention and face serious consequences.

If you do not have consent orders and have an informal agreement or parenting plan with the other parent, you still need to honour the spirit of the agreement.

If you withhold your children without reasonable cause the other parent may commence court proceedings in order to resume time with the children.

Whether you consent orders or not, it is important that you communicate your intentions to withhold children by your agreed form of communication, and give the other parent an opportunity to respond with the intent to find a mutual agreement going forward. 

Call Aspire Family Law today for a consultation.