Court deals with childrens arrangements and Covid

The Court has recognised that in some circumstances Covid 19 could provide a reasonable excuse for not following parenting orders.

In the case of Kardos & Harmon [2020] FamCA 201, final parenting orders were in place for the parties’ child to spend 4 days per month with the father, who lived in Darwin, and the remainder of the time, the child lived with the mother in Adelaide. The mother suspended time with the father due to concerns she had with the child being exposed to Covid 19 as a result of the air travel required for the time to occur. She did however offer for the father to spend time with the child in Adelaide, but this was declined by the father.

The Court held that the mother’s non-compliance was founded on reasonable grounds because of the inability to maintain social distancing during travel, which would have posed an unacceptable risk that the child might have come into proximity with a person infected by Covid 19.

The Court also considered the South Australian government’s requirement for any returning traveler to self-quarantine upon return and the impact it would have upon capacity to work in her casual employment position.

This case also noted that the Court had regarded the Mother’s actions in facilitating additional time between the child and Father by way of FaceTime and also trying to arrange other times that the child could spend with the father.

As always, the determination in these cases is very much dependent on the facts. In any event, the Court has shown to be considerate towards parents who are concerned about the virus and how it impacts on their emotional wellbeing and capacity to care for their children.  However, the Court must also balance this with the child being able to have a relationship with the other parent.

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By CE Family Law.