How COVID-19 Affects Parenting Agreements
COVID-19 and shared care as of 18 August 2021
New Zealand is currently in Alert Level 4; this means that there is heightened risk as COVID-19 is not contained. People are instructed to stay home, education facilities are closed and travel is severely limited. The situation presents everyone with unprecedented challenges, including the justice system.
The Government has not given any directives in relation to child sharing arrangements.
Last year, at the start of the lockdown period, Judge Moran, the Principal Family Court Judge, put in her statement, that parents "must put aside their conflict at this time and make decisions that are in the best interests of the child and their family and the wider community."
Remember Court Orders need to be followed.
What if my children are currently in my care, do I need to let them see their other caregiver?
The country is in lockdown, this means non-essential domestic travel is postponed. The Government is wanting to prevent the spread of COVID-19 within the community. For instance, if your child lives in the same community – meaning the same town or city, then if both households are practising self-isolation then the parenting agreement can go ahead as per normal.
What if my children have Supervised contact with their other parent?
The current situation may mean that some arrangements for supervised access, particularly at contact centres, may not be able to occur.
How do we reduce the risk of transmission, while sharing the care of our child?
Parents will need to exercise common sense – the main thing is to ensure that families remain within their “social bubble” and that should be as small as possible but should not be used as a reason to stop children spending time with both of their parents.
For separated parents living in the same community that social bubble might be across two homes with children moving between the homes. Care arrangements, whether court ordered or by agreement, can – and should – carry on. Remember this is a stressful time for everyone including our tamariki and keeping them in their routines is really important.
Do I have to continue to pay my child support?
Yes, you are still obligated to pay child support, however, you can seek tax relief and income assistance from Inland Revenue. You may also be able to get your income reassessed. Inland Revenue Department are offering a range of ways to assist you through this process, you are also advised to get in contact with your tax agent if needed.
What’s happening with Family Court hearing dates from now on?
The Courts, Tribunals and the Justice system fall within the definition of essential services based on the Government website. The Family Court has advised that at this stage the non-priority hearings set down for 18 and 19 of August 2021 are vacated, with new dates for the hearings being advised. The Courts will operate only in priority areas.
The Family Court has confirmed their priority areas include:
Public Health Order applications;
Without notice applications under Oranga Tamariki Act, Family Violence Act and Care of Children Act applications when they relate to family violence;
Mental Health (applications for compulsory treatment orders);
Other without notice applications: PPPR, PRA, Hague Convention; Substance Addiction.
All other matters are being rescheduled and will be provided a new date.
What if I am scheduled to go to Court?
The hearings or conferences set down for the 18 to 20 August 2021 inclusive have been vacated. The Courts are now closed to the public, the Family Court will still facilitate urgent applications. For now, please stay home and follow government directions.
PLEASE NOTE: This information is what we know at present, we will update the information when we are able to.
Our family and litigating team are working remotely from home, we are able to assist you with any legal concerns that you have in relation to family or business issues. Please don’t hesitate to get in contact with us, and remember that your child’s best interests and welfare are paramount.
Further Guidance from the Ministry of Justice
The MOJ has recent updates on parenting agreement which can be found here.
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