COVID19 and custody schedule with court orders in place

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Been2Trial

Well-Known Member
12 July 2017
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Preempting a potential issue that may come up for some people in the near future.

Just thinking of potential scenarios...

If court orders are in place and we go into a state of lockdown or the other parent is in isolation, yet child is not sick etc (think broadly here) or other parent witholds or goes into isolation, with the child - What would the reccomendations be for action the other parent should take or indeed not take?

Its not an issue im personally facing at this time, but I can see this coming up as a potential issue for a few people...
 

Step2Three

Active Member
21 December 2018
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Not just potential... already getting emails threatening withholding child if lockdown is enacted.
I am also expecting if schools are closed there will be a lot of time and effort wasted over whether that period counts as school holidays or school term time, where the time spent is different between the two.
Cant help with an answer, but definitely a question on my mind at the moment too.
 

Been2Trial

Well-Known Member
12 July 2017
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Again, im no expert, but if they were to use "finish the term early" then I would hazard to say that this implies school holidays have begun. But, equally, I could see someone arguing that school holidays go by the listed term dates in the school calendar as per "normal" schedule.

This is going to get quite well... interesting!

All anyone can give is their own personal advice by opinion here, as this is clearly unchartered inforseen territory..
 

sammy01

Well-Known Member
27 September 2015
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Well this is interesting. Short answer - suck it up....

Long answer - a breach is only a technical breach if there are reasonable grounds. If the government puts is in lockdown Italian style -
(God bless them) good luck taking a parent anywhere near a court for refusing to provide access.

My world is upside down. Kids live with me - spend time with mum in the holidays. I've asked her and she has agreed to have the kids for the whole of the holidays so I can go to Bali. Not going to Bali now AND possibly not even getting a well earned break from primary carer. Hopefully they'll lock down the schools soon. I'm a teacher...
 

Atticus

Well-Known Member
6 February 2019
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Rapidly evolving situation with likewise response & actions/bans being rolled out across the country & globe...

It's my guess it's just a matter of time that schools close not when.... Regarding the family law element. If schools are shut one would hope that parents where possible can be adult enough to rise above the situation instead of looking for a loophole to take advantage of... That said, I KNOW there are those that will.

As for withholding or contraventions, relating to the virus measures, it wouldn't surprise me if the family court also closed only hearing very urgent matters in chambers.... By the time any contravention app came before a court, this will likely be over & no judge is going to entertain a fight over this.... If schools close it will be a government directive. The government ARE the law makers...

I just hope for the sake of all that parents with orders that do get caught up in this work together, just this ounce, to avoid a sh*t-show & be collaborative....
 
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Been2Trial

Well-Known Member
12 July 2017
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OK, just hypothetically at this stage obviously and again, I think we all understand anything said here is opinion, not law - if schools were to shut down as of tomorrow with their official stance being "we're closed until the return date of term 2", then who would take the opinion that this is a school holiday period and who would take the opinion that it's a school term period until the calender scheduled school term dates end?
 

Atticus

Well-Known Member
6 February 2019
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It's neither a holiday period or normal term period... It would be a government directive issued under uncharted conditions around bio security...

If it were me, personally I would be directed by the normal term & holiday periods as alreday set out by the education dept.... That said, I hope parents can work together at this unprecedented time to be flexible where it suits.
 

Keeks

Active Member
28 February 2019
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Funnily enough, it's given all the adults in our situation an opportunity to really step up, when that has never happened in the past and we've had some pretty toxic behaviours to contend with. I'm not going to lie - this new level of creative cooperation and consultation (with even our extended families) will take me some getting used to. I just hope it all remains when things all get back to relative normality - I feel a great sense of optimism about the future if co-parenting could be this easy always.
For what it's worth, in our situation, I would have previously expected that the school term and holiday dates would stay the same and not extend where the orders are concerned.
Strange times - look after each other!
 

sammy01

Well-Known Member
27 September 2015
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Sadly - recent experience with the bushfires.... I saw the best of people offering strangers help. My family had a week in a holidays house and the lady only charged the cleaning fee... And the worst of people - with looters and punters doing a runner at the petrol station because they knew the pumps were working but the cameras were not....

I have no doubt some will use this to their advantage to deprive a parent from spending time with their kids and some will negotiate around it with their ex...
I gotta go email my ex... Oh dear...
 

JadeGoldCoast

Well-Known Member
7 October 2017
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Thought I would respond as our situation is a little different but still coronavirus related. Mother of child (I am step mother) has informed father today that she is keeping child home from school for the week and would like us to do the same next week (50/50 care), stating the principle of the school has recommended it. Letter has been released since from principle stating she has cancelled assembly's and excursions and we should be encouraging children to wash hands etc - nothing about keeping children home. As child is currently missing out on a lot of schooling in mother's care we do not intend to keep child home unless it is recommended by principal or QLD government. We are worried mother isn't going to be happy with this and may cause issues for father, however, we are hoping that as we have final orders that mother will not be silly enough to withhold child (as she has done many times before court).