In these unprecedented times, the Coronavirus Pandemic (“COVID-19”) has affected all of us, socially and economically.

To ensure that you are getting reliable and most up-to-date information regarding COVID-19 including latest case numbers and related information, please refer to this hyperlink from the Australian Government Department of Health

From a Family Law perspective, COVID-19 affects your family law matter as follows:

Q1. How does COVID-19 affect my parenting matter?

• Parenting arrangements may not necessarily “fit” the current circumstances and/or comply with the current Government restrictions, pursuant to a written agreement (i.e. a Parenting Plan or a Parenting Consent Order) or a Parenting Court Order (whether interim or final, in contesting parenting court proceedings).
• For example, a child may be permitted to travel interstate and/or overseas with a party during the school holidays. Due to the recent Government-imposed overseas and interstate travel and border restrictions, consider deferring such travel arrangements in the meantime which should be agreed between the parties at first instance.
• Changeovers of a child (whereby most changeovers typically occur at a public venue, such as the child’s school, McDonald’s Restaurant, the police station, the airport or the local park, petrol station or shopping centre etc.) may close during this period. Consider choosing an alternative changeover venue which minimises “face-to-face” contact with other people.
• If/when schools are to be closed, consider whether the child’s education is able to be adequately facilitated at each party’s residence with suitable electronic and internet facilities to maintain the child’s online learning and avoid minimal disruption for the child as reasonably practicable.
• Consider the child’s current physical, mental and social health and well-being (whilst also bearing in mind that “a child’s health” is legally considered a “major long-term issue” which, except for exceptional circumstances of family violence and/or child abuse, generally requires mutual discussion and consent by both parents of the child) and in particular:
  • Is the child unwell? If so, does the child require medical testing by a suitably-qualified GP or Paediatrician?
  • Does the child generally cope well with isolation?
  • How does COVID-19 affect your child if he or she has pre-diagnosed special needs?
  • Does the child (need to) understand COVID-19 and its effects, depending on his or her current age, maturity and/or level of understanding?
  • Is there a need for the child need to see a qualified GP/counsellor/psychologist/psychiatrist now or later? In that regard, we have a select panel of suitably-qualified experts who are able to assist, if and as necessary.

• If no agreement is or can be reached regarding parenting matters for the child, consider organising a Family Dispute Resolution Mediation (which can occur electronically) to be facilitated by a suitably-qualified and well-experienced Family Dispute Resolution Practitioner seeking a new Parenting Plan or a new Parenting Consent Order (or a new Court Order varying the current parenting arrangements as a matter of last resort). In that regard, we can advise you of the legal process regarding parenting matters and the associated advantages and disadvantages at an initial consultation.

Q2. How does COVID-19 affect my property settlement matter?

• The value of “property” to be considered in a property settlement matter (eg. the former family home, shares, the family business (and any related companies/trust entities) and/or superannuation, including any self-managed superannuation funds) may be affected by adverse changes in the economy, both domestically and internationally.
• Valuations conducted during this period may potentially have a positive or negative impact, depending if you are the “financially-stronger” or the “financially-weaker” party in a property settlement matter.
• This may require further negotiations between the parties to agree on a property settlement or if no agreement is reached, consider organising a private Mediation (which can occur electronically avoiding “face-to-face” contact) to be facilitated by a suitably-qualified Mediator as soon as possible. In that regard, we have a select panel of suitably-qualified and well-experienced Mediators who are able to assist, if and as necessary.
• If you currently have a pre-nuptial Binding Financial Agreement (whether you are a de facto partner or married), this is even moreso crucial during this period to discuss whether the terms of that Agreement remain legally “in force,” “suspended” or “discharged.” In that regard, we can advise you of the legal process and the associated advantages and disadvantages at an initial consultation.

Q3. How does COVID-19 affect my child support matter?

• The commercial reality is that a child’s living and educational costs (eg. the child’s school fees, medical, dental or orthodontic expenses, private health insurance (including any “gap” fees) etc.) still continue and will need to be paid, despite COVID-19.
• If your income has reduced, if you are unable to work and/or made redundant during this period, the amount of child support (whether periodic and/or non-periodic) that is required to be paid or received as agreed between the parties or Court Order may be affected.
• This may require further negotiations between the parties to agree on an “adjusted” child support amount or if no agreement is reached, consider organising a private Mediation (which can occur electronically avoiding “face-to-face” contact) to be facilitated by a suitably-qualified and well-experienced Mediator as soon as possible. In that regard, we have a select panel of suitably-qualified Mediators who are able to assist, if and as necessary.
• If you currently have a written Limited or Binding Child Support Agreement, this is even moreso crucial during this period to discuss whether the terms of that Agreement remain “in force,” “suspended” or “discharged.” In that regard, we can advise you of the legal process and the associated advantages and disadvantages at an initial consultation.

Q4. How does COVID-19 affect my spousal maintenance matter?

• The commercial reality is that “the bills” (eg. the home mortgage, insurance, Council rates, electricity, phone, gas, food, motor vehicle registration etc.) still continue to come in and need to be paid, despite COVID-19.
• If your income has reduced, if you are unable to work and/or made redundant during this period, the amount of spousal maintenance (whether periodic or lump sum) that is required to be paid or received as agreed between the parties or Court Order may be affected.
• This may require further negotiations between the parties to agree on an “adjusted” spousal maintenance amount or if no agreement is reached, consider organising a private Mediation (which can occur electronically avoiding “face-to-face” contact) to be facilitated by a suitably-qualified Mediator as soon as possible. In that regard, we have a select panel of suitably-qualified and well-experienced Mediators who are able to assist, if and as necessary.
• If you currently have a written Binding Financial Agreement, this is even moreso crucial during this period to discuss whether the terms of that Agreement remain “in force,” “suspended” or “discharged.” In that regard, we can advise you of the legal process and the associated advantages and disadvantages at an initial consultation.

Q5. Does COVID-19 affect my family law matter if I have ongoing court proceedings?

Yes

• The Family Law Courts of Australia (“the Court”) are regularly releasing information regarding changes to the operations of the Court.
• Those changes include:
  •  Matters involving child-related and family violence aspects, urgent and priority Trials and contested hearings will remain listed, until further notified;
  • Non-urgent Property Trials (and some non-urgent Parenting Trials) may be adjourned for an appropriate time, until further notified;
  • Trials or Hearings which can be conducted by telephone will be;
  • There should never be more than 8 people (excluding the Judge/ Registrar) in the courtroom at any one time; and
  • For more information and regular updates, see the Court page here

We are well-renowned experts in all aspects of Australian Family Law, particularly in:

• complex parenting and financial cases;
• international family law matters, including relocation and Hague Convention matters;
• pre-nuptial and post-nuptial Financial Agreements for married and de facto couples; and
• “big money” cases involving restructuring of various business, corporate and/or trust entities and interests of third parties and creditors.

Don’t let COVID-19 deter you from finalising your family law matter if you are separated (or even contemplating separation). Being proactive (rather than “reactive”) ensures a timely and cost-effective resolution of your family law matter (whether it involves parenting and/or financial matters).

You can and should seek to “close” this harrowing chapter in your life and move forward. This is particularly even moreso when COVID-19 has inevitably placed a timely reminder on all of us of how fragile, short and precious life really is!

To discuss how COVID-19 specifically affects your family law matter, please contact us today on (07) 3211 4920 or visit our website: www.emfl.com.au to make an initial appointment over the phone or by video-link.

Please note that this post provides general legal information only and does not provide or intends to provide legal advice.