Covid Qld: Childcare twist for essential workers as grandparents allowed to lend a hand

Queensland Health has backflipped on tough new public health directions which left some parents unable to see their children during the state’s lockdown.

Queensland Health has backflipped on tough new public health directions which left some parents unable to see their children during the state’s lockdown.

Family lawyers began fielding calls from worried parents on Monday after the snap weekend lockdown included the new rules restricting movement, in a bid to combat the Delta variant of Covid-19 in the southeast.

Public health directions issued by Dr Jeannette Young allow for children who live in a different household to a parent to continue an existing court-ordered arrangement to access and contact them.

But a note under Direction 6(n) stated that where an arrangement was not court-ordered, the exception to leave the principal place of residence did not apply and children were to remain at the home they were residing at when the direction commenced.

Australian Family Lawyers Head of Queensland Vanessa Hernandez said it was the first time in Queensland that parents weren’t allowed to leave their home to make a changeover of their children to their ex-partner.

“It has come as a bit of a shock to some co-parents and is obviously distressing for many, including children, but we have to follow these directives if we are to keep the community safe from COVID19,” Ms Hernandez said.

A Covid-19 update provided by Queensland Health on Monday evening signified a backflip on the direction issued at the weekend.

“Yes, you are allowed to leave home to continue existing arrangements for access to, and contact between, parents and children – whether or not this is court ordered,” the update stated.

Children who live in a different household to a parent can continue an existing court-ordered arrangement to access and contact them.

“It does not include contact with people who are vulnerable to COVID-19 such as someone aged over 70.”

Ms Hernandez said the update was a welcome clarification to the health directive.

“We have had numerous calls from worried parents and a lot of confusion over the arrangement,” she said.

“It's important to have security and clear guidelines in the middle of the pandemic.”

The public health directions listed online had not been updated with the exemption for non-court ordered custody arrangements on Monday night.

One man who had been impacted by the strict directions said he had been seriously upset about it.

“The direction essentially (introduced) a requirement that where the parents of a child or children are no longer together, then unless the relationship breakdown was that toxic it required the intervention of the family court that the children impacted cannot have physical access to the parent they weren’t in the custody of when the lockdown came into effect until the lockdown is over,” he said.

Given the impact lockdowns had on parenting agreements, Ms Hernandez recommended parents try to ensure their arrangements were officially documented and agreed to in a court.

She said families could do this administratively and without the need to step foot in a courtroom.

“A court order is always preferrable because it makes your arrangement clear and gives you both strong legal standing particularly if health orders change, which as we saw on the weekend can happen very quickly within hours,” Ms Hernandez said.

“If two parties are in agreement, they can document that by a consent order which can be filed online and reviewed by a registrar.”

Parents who are essential workers have also been told they can rely on grandparents for childcare arrangements during Southeast Queensland’s ongoing lockdown.

Queensland Health late on Monday issued a statement saying that strict no-visitor rules had been modified in light of the extended lockdown, which now goes until 4pm on Sunday.

Under the new rules, children of essential workers can be cared for by grandparents.

It followed earlier advice that people could not have any visitors to their households and that only court-ordered family orders were covered under a very small list of reasons why travel from home was allowed.

However, grandparents and other carers over the age of 60 should be fully vaccinated, according to the advice.

I am an essential worker. Can someone I trust care for my child?

Yes. Alternate care arrangements are allowed occur for children under 18 if you are undertaking essential work. Please ensure movement is restricted and once the child is in the guardian’s care, they stay at home, other than in essential circumstances. Where a grandparent is undertaking that care, they should be fully vaccinated. Where someone is age 60 or older who is undertaking that care, they should be fully vaccinated.

I provide care for a child (e.g. grandchild). Can I visit their home to perform this duty?

Yes, you can leave your home if you provide care to a family member (for example if you are a grandparent or family member providing care to children). Please restrict your movement as much as possible and stay at the location where the care is being provided. Where a grandparent is undertaking that care, they should be fully vaccinated. Where someone is age 60 or older who is undertaking that care, they should be fully vaccinated.

I am meant to have custody of my child during lockdown. Is this still allowed?

Yes, you are allowed to leave home to continue existing arrangements for access to, and contact between, parents and children – whether or not this is court ordered. It does not include contact with people who are vulnerable to COVID-19 such as someone aged over 70.

Can my child attend school and childcare facilities during lockdown?

Only children of essential workers and vulnerable children can attend childcare and school. All other children should remain at home for the duration of the lockdown.