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With a surge in separations and Family Law parenting disputes, you might find yourself having an argument with your ex about your children that you didn’t expect. In this unprecedented time, it can be hard to know what to do. While Court is an option, there are some things you should know before going down that path.
Practical considerations
If you are unsure whether you and your child can travel between states, you can approach the applicable State Government(s) for guidance on this issue. For example, in some states, even if travel is generally not permitted, you can obtain an exemption to allow contact between parent and children to occur. If you receive one of these exemptions, you should keep an electronic and a paper copy with you when you travel, along with copies of any existing Court Orders or Parenting Plans. Exploring these options yourself and seeking legal advice may help you avoid going to Court.
If for some reason travel is not possible, and your child misses out on time with one parent, you and your ex might agree to implement makeup time once the restrictions are eased. For example, if you usually have your children for 1 week of the holidays, and they didn’t get that time with you over the recent school holidays, you could agree to have them for 2 weeks in the next school holidays. If you agree, keep a record of your agreement, and if in doubt, seek advice from a family lawyer.
There is a specialised COVID-19 list for urgent matters
At the time of writing this blog, the Family Court has announced a temporary National COVID19 Court List to deal with urgent matters caused by the COVID-19 pandemic. If you and your ex have an urgent issue that has been caused directly by the COVID-19 situation, you may be eligible to have your matter listed quickly in the specialist National COVID-19 List. Some examples of matters that may be given priority include where you and your ex live in different states and have a dispute about urgent travel, where there are health or family violence risks or if you have arrangements for supervised time that cannot occur at present. You are still required to file evidence supporting your Application and it is recommended that you first obtain legal advice.
If your matter is classed as eligible, you will receive a Court date within three business days of your application being assessed by the Court. The Court list will be conducted electronically (generally by telephone or video).
If your matter is not urgent, or does not meet the criteria, there may be a delay
If your matter is not considered eligible for the COVID-19 List, and is not urgent, it will be listed along with the other matters before the Court on a date that the Court in your area is available. This is generally at least 4-6 weeks later. You also need to meet the requirements for new parenting applications including showing you have attempted dispute resolution before filing, or showing you meet one of the exemptions.
There are alternatives to Court
Court should be reserved only for those matters that are urgent, involve risk or where all other options have been exhausted. If you have reached an impasse with your ex, the first step should be to seek help to try and reach an agreement. Organisations such as Relationships Australia can assist to help parents reach an agreement. Some other options include private mediation, negotiation via lawyers, Child Inclusive Practice, seeking input and advice from child experts, Collaborative Law (where you sign a contract agreeing not to go to Court) and a new process called Settle by Sunday.
If you can avoid Court, you should. For those who need Court intervention, the Courts are working hard to hear matters as soon as it can.
This article contains general information only. You should obtain independent legal advice particular to your circumstances.
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