Warning to parents in Family Court battles during coronavirus crisis

Chief Justice implores people to act “sensibly and reasonably” as compliance with orders became “difficult if not impossible”.

Parents need to be sensible over family court orders.

The Family Court has implored parents to act “sensibly and reasonably” as compliance with court orders became “difficult if not impossible” amid the unfolding crisis.

Family Court Chief Justice Will Alstergren has acknowledged that the shutdown of schools, children’s contact services and state borders had made strict compliance with parenting orders very difficult or impossible.

Some parents also had genuine safety concerns if one parent or one of their close contacts had been exposed to the coronavirus, he said.

In a guidance note issued to parents on Thursday, he said if that was the case, if it was safe to do so, parents should communicate with each other and attempt to find a practical solution to these difficulties.

“These should be considered sensibly and reasonably,” he said.

Family Court Chief Justice Will Alstergren. Picture: James Croucher

“Each parent should always consider the safety and best interests of the child, but also appreciate the concerns of the other parent ... This includes understanding that family members are important to children and the risk of infection to vulnerable members of the child’s family and household should also be considered.”

Parents should record any new agreements in writing, even if this was by email, texts or WhatsApp messages, so that if there were later hearings, the court could understand what had occurred, he said.

If parents were unable to reach agreements, they should “keep the children safe” until disputes could be resolved.

“(Parents) should ensure that each parent or carer continues to have some contact with the children consistent with the parenting arrangements such as by videoconferencing, social media or if that is not possible, by telephone,” he said.

At all times, parents were required to act reasonably, he said.

“It is imperative that, even if the orders cannot be strictly adhered to… the parties ensure that the purpose or spirit of the orders are respected when considering altering arrangements, and that they act in the best interest of the children,” he said.

If any parents were in immediate danger or concerned for the safety of their children, they should contact police.

It was possible to apply to the courts electronically for new orders to be made by consent.

If agreements could not be reached, it was also possible to apply electronically to the courts to vary existing orders.

The courts were continuing to operate, and were conducting hearings by videoconferencing and telephone and in exceptional circumstances, in person, he said.

Parents were still required to mediate their disputes before litigating.

Family relationship centres are continuing to provide services to parents online.

However, many children’s contact services have stopped face-to-face services.