The impact of Covid-19 on Family Court proceedings for families
There is no doubt that the events of 2020 and the outbreak of the Covid-19 virus has changed the way in which we conduct our daily lives. It is a particularly concerning time for parents and families who either have been involved in proceedings in the Federal Circuit Court/Family Court of Australia or remain involved in proceedings to assist in determining children’s arrangements and the time in which their children are to spend in each parent’s care.
Further, many parents and carers are grappling with the ongoing operation of Family Court Orders and how to balance health risks and complying with their Court Orders.
Families are now facing delays with Court hearings trials that have been set down for months or in some cases years and adjusting to important Family interviews with Court reporters, experts or important Mediations now being conducted by way of electronic means including telephone or video link. With such significant importance placed on these events and cost expended to get to this stage in Family Court proceedings, it is difficult for parents who are requiring the Court and its processes to help them and their family obtain an outcome. Not to mention what delay can mean with some parents unable to spend more significant time with their children or parities remaining in difficult parenting relationships without matters feeling like they can move forward.
With all the above being highlighted there is no greater time for parents and families where possible to focus on alternate dispute methods, consider compromise and flexibility. This is also reflected in Chief Justice Alstergren’s, (Chief Justice of the Family Court of Australia) recent comments released on 26th March 2020 in which His Honour emphasises the following: -
“At all times, parents or carers must act reasonably. To act reasonably, or to have a reasonable excuse for not complying with Court orders, is a matter that is considered by the Court (pursuant to s70NAE of the Family Law Act 1975 (Cth))”
And
“As a first step, and only if it is safe to do so, parties should communicate with each other about their ability to comply with current orders and they should attempt to find a practical solution to these difficulties. These should be considered sensibly and reasonably. Each parent should always consider the safety and best interests of the child, but also appreciate the concerns of the other parent when attempting to reach new or revised arrangements. 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.”
For parents wishing to obtain further guidance as to the Chief Justice’s comments please see the link attached to the PDF document released by the Family Court of Australia.
At Orman Solicitors, a well-established Regional firm in Wagga Wagga, NSW with strong expertise in the practice area of Family Law, we have a wide range of clients from all areas of New South Wales, regional Victoria, Canberra, South Australia and in some cases beyond. Many of which are dealing with complex parenting disputes, vast geographical distances, and entrenched family or parental conflict that requires sensitivity to our clients and the ability to assist clients through exceptional circumstances. Depending on the circumstances of each matter this may require Court intervention or exploring what means of negotiation or dispute resolution services are available and viable to our clients which suit their location, needs, and dispute circumstances.
Being a regional firm, we have already adjusted to telephone hearings before the Court which are now the predominant way in which the Court will conduct hearings in light of COVID-19 face-to-face restrictions as well as being able to lodge urgent applications in circumstances that require it. We also have many Mediators who can assist by way of telephone mediation services or Zoom/Videoconferencing.
We are also here to provide advice as to compliance with Court Orders and guide you through how the Court views compliance with Orders in special circumstances and the new barriers we are all facing given COVID-19 restrictions and directions from the Government and Health advisors.