Family Law orders can be adhered to
CHILDREN are allowed to move between parents’ homes during the coronavirus pandemic to comply with access orders, according to new guidance for legal practitioners.
The Law Society of Ireland, The Bar of Ireland and the Family Lawyers’ Association have jointly launched updated guidelines for access during the Covid-19 emergency.
“Covid-19 cannot be used as an excuse to ignore a court order,” the guidance states. “Parents are advised to have a copy of the court order with them when travelling for access.”
Following previous announcements from the president of the District Court in March and a statement from Justice Minister Charlie Flanagan fresh guidance was drawn up.
Minister Flanagan had said: “However I think it’s important to point out that court orders in relation to access remain in place. The restrictions brought in to tackle Covid-19 do not stop them being implemented, and should not be used as an excuse by either party.”
The Law Society wesbsite issued family and child law committee guidelines during the the Covid-19 pandemic. The Guidelines are: Parents must be vigilant to ensure they communicate positively with each other and make sure that they keep each other updated regarding the health of the child/ children and their own health.
If there is a Court Order in place, this should be complied with to the greatest degree possible in the circumstances.
If there is no Court Order in place and an arrangement has been working between the parents, this should continue, if possible.
The health and safety of children and family (especially the elderly, grandparents and those with an underlying medical condition) must be a priority. There should be no contact with grandparents and any person with an underlying medical condition. If one parent is living with his/her parents every effort should be made to ensure the grandparents are not put at risk, even if it means access has to be varied or suspended for the duration of the current health crisis.
If a child has a compromised immune system, the health and safety of the child has to take precedence and all measures must be taken to protect the child. The best interests of the child must be the paramount consideration.
Parents should both engage in social distancing and abide by the rules concerning non-interaction with third parties and be able to give assurances in this regard. IF access cannot take place (for any of the reasons set out above) parents should set up a system of liberal contact – Telephone/ Skype/Facetime/ WhatsApp – and allow the children to have extensive contact with the other parent.