COVID-19 FAMILY LAW
How does the COVID-19 pandemic affect Family Law and Court orders’ situations?
In this current climate where the COVID-19 virus is affecting most all of people’s lives, families with family court orders in place, or matters that are presently before the Federal Circuit Court of Australia and the Family Court of Australia can feel extra anxious, affected and confused as to how this will impact their situation.
But do not worry, we are here to help you sort through it.
Here are some updates for what is expected of parties in family matters during the COVID-19 pandemic:
The Chief Justice of Family Courts made a statement regarding how families should act in these uncertain times. The number one thing is to continue as normal where possible, and make sure to comply with the court orders. This can turn out to be difficult now, as some places where parents are supposed to meet to have time with their children might be closed, or due to border closures because of the COVID-19 pandemic. When these circumstances occur, parents and carers should first and foremost try to communicate with each other about the difficulties in complying with the court orders and try to find practicable solutions between themselves. Even though the focus should be on what is best for the child, the parents/carers should take each other in to consideration as well. Agreements made between the parents/carers will be temporary and should preferably be in writing, even if just a text, especially if a court hearing is scheduled for a later date. If an agreement is not possible, and one or both parents/carers have real concerns they may approach the Court electronically to amend the order to be practical in the current circumstances. At all times, the parents/carers must act in the best interest of the children.
There are also new procedures in place to deal with these matters in the courts though, and some changes might be here to stay.
Most matters will be done via telephone instead of in person: this includes mentions, interim hearings, first returns and directions. If the matter is urgent, and it is not practicable to do it over telephone, it can be done face-to-face as decided by the court. If a party wishes to have a face-to-face hearing, that party will need to provide reasons why this should be done and why it is urgent. If it is decided it is not practicable to do it over the phone, but it is also not urgent, it will be adjourned for a later date to be advised, and can if appropriate have the parties sent to an Alternative Dispute Resolution (ADR), such as private mediation.
Filing of documents is to be done electronically via the Commonwealth Courts Portal. If this is not possible, they should be emailed to the relevant Registry. As of 31st of March 2020, no hard copies or posted copies are allowed to be posted to the Registry, and if the electronic documentation or email is not possible, the party has to phone the Registry to ask for further assistance.
Viewing of subpoena documents is only if the hearing is within the next four weeks, or if the matter is urgent. As of 31st of March 2020 subpoena material will be emailed to you if cleared as ‘photocopy access’ in accordance with legislation. Documents that are confidential in nature, such as bank statements or medical records, will not be sent.
As of 31st of March 2020 a lot of Registry workers are working from home therefore some Registries cannot take payments. This means that payment of court fees will be deferred to a later date when the Registries reopen.
As of 31st of March documents such as consent orders, affidavits and financial statements can now be signed electronically by the party or their lawyer on record.
Final hearings will be done by telephone where applicable and needed, if the matters are not urgent the parties will be sent to mediation again to try to resolve the matter without court. A telephone call-over will be done where the parties are required to inform the judge of how urgent the matter is, and the status of it. They will also get to speak on whether the hearing should be partially or completely done by phone. Cases with high priority will stay listed for hearing as before.
Appeal proceedings have different arrangements depending on where your appeal is being heard.
Child inclusive conferences under section 11F will only be ordered when considered by a Judge to have an urgent requirement for a family consultant to see the children. Otherwise parties will be provided dial-in details for Child Dispute Conferences conducted via phone.
The protocol for face-to-face hearing in Family Law Courts has changed slightly to ensure the safety of everyone involved. If a party feels ill in any way, or is displaying symptoms of illness, they must inform the Registry immediately. The protocol changes include:
Eight people limitation in the courtroom, excluding the Judge and Associate.
Parties that are inside the courtroom must adhere to social distancing rules.
Parties should not be expected to hand in any hard copies in court, and are to refrain from approaching the Associate’s desk in court.
Cleaning will be done in between each face-to-face hearing in all courtrooms used, as well as when court is adjourned.
All hearings have a 1.5-hour period to use, after that the court will be closed for cleaning and the matter will not continue.
Does this still seem a bit confusing to you? If you do not know how this affects you or how to move forward, feel free to contact us and we can help you through it.
