What does Victoria’s coronavirus lockdown 2.0 mean for your family law parenting arrangements?

What does Victoria’s coronavirus lockdown 2.0 mean for your family law parenting arrangements?

The latest Victorian COVID-19 restrictions mean that it’s more important than ever to understand your rights and obligations as a separated parent

Victoria’s COVID-19 lockdown 2.0 has created chaos and confusion for many separated families, as parents come to terms with how the new restrictions may apply to existing parenting arrangements and orders. Part of the problem is that many of the finer details haven’t been fully considered because of the speed at which the restrictions have been introduced. Here’s what you need to know.

Lockdown 2.0 in Melbourne metro and Mitchell Shire

Metropolitan Melbourne and Mitchell Shire returned to Stay at Home restrictions for a second time as of 11.59pm on Wednesday 8 July.

There are four reasons for which you can leave home under the restrictions:

  1. To shop for food or other essential items
  2. For care giving, for compassionate reasons or to seek medical treatment
  3. To exercise (outdoors only, and with only one other person or members of your household)
  4. To work or study, if you cannot work or study from home

You must otherwise stay home.

What happens if I live in a restricted area and the other parent doesn’t?

If you live inside metropolitan Melbourne or Mitchell Shire, you may travel to or through those areas for the four reasons outlined above.

If the other parent does not live inside metropolitan Melbourne or Mitchell Shire, you may travel outside those areas to transport children between homes if you have a shared parenting arrangement, whether that arrangement is informal or court-ordered. This travel is allowed because it falls under the umbrella of care giving.

You may also travel outside those areas to provide child-minding services at someone’s home if:

  • That person needs to leave the house; or
  • You are the parent or guardian of a child and you wish to visit that child whilst in the care of another person or organisation

You should carry a copy of your parenting plan or parenting orders, or other supporting documents (if relevant), when travelling. This will allow you to confirm the reason for your travel if you’re stopped by the police.

What happens if the other parent lives in a restricted area, but I don’t?

If you live outside metropolitan Melbourne or Mitchell Shire, you may travel to or through those areas for three reasons:

  1. To shop for food or other essential items
  2. For care giving, for compassionate reasons or to seek medical treatment
  3. To work or study if you cannot work or study from home

If the other parent lives inside metropolitan Melbourne or Mitchell Shire, you may travel inside those areas to transport children between homes if you have a shared parenting arrangement, whether that arrangement is informal or court-ordered. This travel is allowed because it falls under the umbrella of care giving.

You may also travel inside those areas to provide child-minding services at someone’s home, or if you are the parent or guardian of a child and you wish to visit that child whilst in the care of another person or organisation.

Again, you should carry a copy of your parenting plan or parenting orders, or other supporting documents (if relevant) when travelling.

Is COVID-19 a reason to breach parenting arrangements?

If you have a shared parenting arrangement, you must meet your obligations under the arrangement unless you have a “reasonable excuse”.

If you cannot comply with that arrangement because of a reason beyond your control (for example, quarantine or interstate travel), you should ensure the other parent has some other means of communicating with the child such as Skype or FaceTime.

If your changeover occurs at a location which is unavailable due to COVID-19 (for example, school), you should find another appropriate location where you can maintain social distancing.

If a parent has supervised time with the children, there is no reason why supervision cannot continue to occur provided that social distancing can be observed.

The bottom line

For many separated parents in Victoria, it’s business as usual for parenting arrangements, despite the restrictions under lockdown 2.0. However, if you live in an affected area, you need to take care to understand your rights and obligations, and what to do if there’s an issue with complying. It’s also worth remembering that the health and safety of your children is the most important consideration, especially when dealing with coronavirus.

If you are concerned or confused about what lockdown 2.0 means for you and your parenting arrangement, contact us for advice.

 


 

DISCLAIMER: We accept no responsibility for any action taken after reading this article. It is intended as a guide only and is not a substitute for the expert legal advice you can get from marshalls+dent+wilmoth and other relevant experts.