Loading...

COVID-19: Family Law Legal Tips

27 March 2020

There are many legal aspects to family law: property, parenting, child support, domestic violence and more. At a time like this all of these legal issues can be significantly impacted. To help you navigate them, here are some simple practical tips:

1. Courts: It is possible that the COVID-19 pandemic will at some stage cause the Family Law Courts to close for a while and at short notice. The Courts have already advised that they will give priority to more urgent matters, not hearings that can wait. Telephone hearings will become more frequent. You should, where appropriate, try to settle your case through negotiation, family dispute resolution, mediation or arbitration and not rely on the already under-resourced courts being able to hear your case promptly. Alternative dispute resolution is always sensible, but even more so now.

2. Parenting time: Parenting orders were made without pandemics in mind. They may not fit the changed circumstances. For example, if sporting activities are cancelled is there an alternative activity where the child can see the other parent? Interstate travel may be impacted at some stage – how can communication be maintained if the child lives in a different State or Territory to one of the parents?

3. Changeovers:  Many changeovers take place at locations which may close, such as schools and take-away outlets. Think about alternative venues now. If the separation was some time ago and tensions have reduced, it may be time to re-think whether changeovers can occur at your home or the other parent’s home.

4. Family violence: As couples may spend more time together and be more anxious, family violence may increase, be alert to this and contact us or the police, or seek therapeutic support and other assistance.

5. Alternate caregivers: If child care facilities and schools close, parents (or other younger family members) may be a better option than grandparents who may be more at risk of serious illness due to their ages. If one parent is working from home maybe they can increase their time with the children? What if one or both parents are sick and unable to care for the children for an extended period? Discuss back-up plans now.

6. Breaching parenting orders: You may be held in contravention of a court order if you do not have a reasonable excuse for breaching the order. Predicting what a court will consider to be a reasonable excuse is difficult, but a complaint that the other parent does not have the same standards of hygiene as you is unlikely to be a reasonable excuse. What if the other parent has contracted the coronavirus but has few symptoms or has been in close contact with someone who has it? You should try to work out how you will deal with these situations in advance. Different families will have different views and different solutions. If you propose to breach a parenting order by not handing over a child because of the risk of infection in the other household, specific medical and other evidence about the risk to the child will be required to defend any contravention application. Please speak to us before breaching a parenting order. The courts treat breaches very seriously.

7. Domestic violence orders: These are unaffected by the coronavirus. If the terms of the order don’t allow you and the other parent to re-negotiate between yourselves changes to parenting arrangements such as the location of changeovers, you should seek legal advice.

8.Child support and spousal maintenance: There may be grounds to seek an increase or decrease if a parent has no work, is made redundant or has a reduced income. DHHS – Child Support may be able to assist or you may need to speak to us, particularly if there is a court order or a binding child support agreement.

9. Property settlements: Court orders and financial agreements which set out the terms of a property settlement but have not yet been implemented may seem unworkable or unfair due to changes in personal circumstances and/or the economy. It may be worthwhile speaking to us as to whether the order or agreement can be reviewed, but the test for impracticability is a high one. It is not enough that it has become unjust to you or difficult for you to carry out the order or agreement.

10. Superannuation splits: These are often expressed in dollar terms. Given the volatility in the share markets, percentage splits might be preferred in the next few months. Also, if allowed by the fund, matching the operative date with the valuation date may give greater protection. Splitting orders and agreements should be served upon the trustees of superannuation funds promptly.

11. Business valuations: Consider putting these on hold. Many businesses will be adversely affected by reduced demand, staff absences and the like. A valuation that takes into account the 2018/2019 financial year but not the 2019/2020 financial year may wildly over-state value.

12. Overseas travel: It is a parent’s decision as to whether that parent can travel overseas – subject to being allowed to do so by the relevant governments. However, if that parent wants to take the children overseas, don’t expect the court to prioritise time for hearing that dispute or that the application will be successful. The parent should also be aware that if they are not permanent residents or Australian citizens, then they may not be allowed back into Australia at all. As of midnight on 15 March 2020, if they are allowed back into Australia they will be required to self-isolate for 14 days which means not seeing the children for that time. There may be fines or other penalties for not self-isolating. Court orders already made which permit overseas travel by children may no longer be practical or enforceable.

13. Changing parenting arrangements:  Any agreed changes to parenting agreements should be documented informally by exchange of SMS messages, emails, in a parenting app or letters between lawyers. In some situations the orders should be formally changed. It is probable that even if the courts are closed, consent orders will be able to be processed by registrars working remotely. Legal advice should be sought about the best way to document any changes.

14. Problems of electronic communication: Communication between parents or between lawyers that is solely by email or text message can result in misunderstandings. If face to face meetings cannot take place, try to have regular calls by videolink, such as Skype and Facetime.

15. Anxiety:  In times of uncertainty about personal health, employment, family well-being and the purchase of essentials such as food, medication and toilet paper, you and the other parent are likely to be more anxious than usual, leading to more parenting disputes. Try to see the other parent’s perspective, recognise the pressures the other parent is under and access therapeutic help individually or as a couple.

Each matter is unique and needs to be addressed according to your personal circumstances and needs. To speak with one of our experienced family lawyers, please contact our Brisbane office today. Call us on (07) 3221 4300 to organise a no-obligation initial appointment at a fixed-cost. We will be happy to assist  over the phone or by Skype.

Source: JACKY CAMPBELL, Forte Family Lawyers, “15 tips for family law clients in a coronavirus pandemic”, MARCH 2020

COVID-19 helpful tips if you are separated. Accompanying image: senior man talking on mobile phone holding document
2021-11-05T15:12:39+10:00

Client Testimonials

I would like to thank your firm for the support and compassion shown while dealing with my matter.

C.M., Brisbane

I was always confident that I was getting the very best advice.

T.S., Flinders
Thank you for your ongoing conciliatory approach in this matter and as always I appreciate your level headed advice. I certainly feel that I ended up with the right Solicitor.
S.C., Nundah
I was impressed by my solicitor’s attention to detail and her concern for me, and that the process was explained to me and that I understood it at all times.
B.W., Chapel Hill
I like that my lawyer treated me like a friend and kept jargon to a minimum. She was easy to contact and kept me informed.
L.R., Samford
Thank you for the great newsletter. Your article on “Coping with Christmas” is brilliant – clear, caring and helpful. Thanks again!
C.T., Bribie Island
Thank you for the outstanding legal advice you have provided and professionalism in which you conduct yourself. I am truly thankful that it was you who represented me.
M.T., Stafford

I really liked the personable service by Michael Lynch Family Lawyers, the simple plain language you adopt and everyone’s patience.

A.O., Kedron

I just wanted to get in touch to say thanks for helping me get through my custody and settlement. Thanks again to you and your staff. You have had a significant positive impact in my kids’ lives!

B.S., Brisbane
My family lawyer was very helpful in assisting me to combat a very ugly situation without stooping to the low levels that the other solicitor attempted to take us.
M.J., Manly
Your team is professional, warm, friendly and real.
N.R., Crows Nest

Thank you for helping me through this difficult time. You have been caring, compassionate and efficient. Some of my divorcing friends have not been so fortunate. In my mind, you are the best family lawyer in Brisbane. If anyone I know needs a good family lawyer, I will tell them to speak to you. Thanks again.

B.T., Clayfield

Thank you, you kept me sane in a difficult situation and gave me the encouragement and the confidence to keep going. You made me feel extremely comfortable.

A.M., Chambers Flat
Michael is very personable and very good at covering the material and explaining the strategy.
J.O., Hawthorne

My lawyer was the most knowledgeable of all lawyers I spoke to when looking for a lawyer. Michael Lynch Family Lawyers showed professionalism.

R.R., Brighton

Thank you very much to everyone at Michael Lynch Family Lawyers. Thank you for helping me get my life back and make a fresh start. To have that fresh start without fear and anxiety is priceless.

A.A., Perth

Thank you Debra for all the work you did for me, you both made the process manageable and brought sense to the chaos.

R.B., Toowong
If I need a family lawyer in the future I’ll be heading to Michael Lynch Family Lawyers again.
C.W., Brookfield
The professionalism and reliability delivered by Amy Honan was fantastic. I had an urgent matter around my property sale and Amy offered to provide assistance over a weekend if I required it – that’s above and beyond!
E.F., Nundah
I like your friendly service and the ability to speak to my solicitor directly.
R.G., Wishart
A personalised and professional service. Information has been clear and provided timely to assist my decision-making.
S.S., Hamilton

I’m very glad ‘Michael Lynch Family Lawyers’ is my lawyer and not the other side’s solicitor.

S.S., Hamilton

I have appreciated the way that you and the staff at your firm have handled my situation. I would especially like to mention the professional and caring way my lawyer conducted my case, I am deeply grateful and extremely happy with the results. I will be referring others to your service.

J.H., Wellington Point

My solicitor is a good listener. My documentation maintained the high moral ground.

S.S., Hamilton

Many thanks to Stephanie for her help and support through this time, I was incredibly impressed with her work.

L.K., North Lakes
Your team’s communication with me was exceptional, I knew exactly what was happening.
A.A., Eatons Hill
Michael Lynch Family Lawyers have really listened to me. I felt confident my case was handled well. The law has changed recently, and I did not feel that a previous law practice I spoke to was suitably up-to-date.
P.B., Carindale

My lawyer has been an amazing help through this stressful time. I will remember her help for the rest of my life. Thank you.

J.H., Brisbane
My lawyer acted with professionalism in all her dealings with me and with the lawyer on the other side. I was always kept in the loop. I liked her approach. Thanks.
D.S., Coorparoo

Your staff is knowledgeable, professional and very calm.

A.C., Helensvale
Your newsletters are great, I appreciate them.
K.B., Carina

I was very impressed with the initial interview. Everything was well-explained, and the advice was honest about what I should expect.

C.M., Morningside
Michael Lynch Family Lawyers always gave me competent and knowledgeable advice. I was consistently kept up to date. The meetings and phone calls were kept business-like, yet caring and thoughtful of my emotional state at the time. Thank you.
J.S., Holland Park
So pleased to have had a good, sound and knowledgeable firm.
C.W., Brookfield
Lovely to deal with and provides a balanced view in what are very difficult circumstances.
A.C., Morningside

After utilising the mediation services team recommended by your organisation, my ex-partner and I were able to reach some interim agreements about parenting. I am incredibly grateful for the advice provided by Debra Effeney; and found your firm’s services to be exceptionally professional. If we needed to consult a family lawyer in the future, we would have no hesitation in reconnecting with your firm.

K.M., Paddington
I liked my solicitor keeping things as simple as possible.
S.M., Clayfield

Michael Lynch Family Lawyers know what they are talking about.

R.M., Warwick
The staff at Michael Lynch Family Lawyers were great. Everyone was fantastic, professional, understanding, caring and always communicated with me. I knew I was in good hands.
A.A., Eatons Hill
My solicitor provided a personalised service, prompt and quick responses and cost information prior to my commitment.
G.C., Southport
Amy, thank you for all that you have done during this matter. You impressed me with your professionalism from our initial meeting, and you have proven beyond doubt, to have had the skills and knowledge required. You are a credit to the company, and I would highly recommend you to anyone in a similar situation.
R.P., Cleveland

We had such a positive experience with Michael Lynch Family Lawyers, and we highly recommend their services. Meticulous attention to detail, attended quickly to every additional request we made, and made sure we always knew exactly where we were every step of the way. Our lawyer took what was such a stressful and emotional time for our family, and made the process feel so smooth and seamless.

N.B., Brisbane
Amy’s work was extremely professional but above all she has a manner and wisdom in dealing with people under stress. I will be recommending your firm to anyone that requires assistance.
K.H., Augustine Heights

Thank you for being very personable, professional and always providing me with the most appropriate advice in my times of difficulty. The other party’s lawyers were extremely aggressive, while Michael Lynch Family Lawyers remained calm and professional.

S.D., Parkinson
Michael, thank you again for your presence here yesterday. We really appreciated the clarity and accessibility of your presentation. It is a rare thing to find somebody who not only has expertise, but also has a skill in communicating it.
J.S., Brisbane
I appreciate my lawyer’s professional approach and her being on top of my situation.
N.S., Mt Gravatt
I was guided through a really difficult time with expertise of Michael Lynch Family Lawyers. I am more than happy with the outcome of mediation.
J.H., Windaroo

You, guys, provide extraordinary service.

A.O., North Brisbane
Thank you, you placed my needs first, you were aware of the need to reach a final result and not get caught up in the personal issues of the other party.
S.L., Moranbah
Many thanks for your assistance – life is now great – I’m moving on.
J.K., Mansfield
Amy, thank you. You have been diligent, accurate and pro-active for the entire duration of my matter. I appreciate it.
R.P., Cleveland
May I take this opportunity to express my gratitude to you and your staff for the excellent professional services I received. In a word, priceless.
D.H., Hendra

At Michael Lynch Family Lawyers I got professional and ‘no-nonsense’ advice, costs were within quoted amounts and my matter was resolved quickly – well done!

L.R., Ascot
I really appreciated the happiness of your secretarial staff.
G.C., Clayfield
I always felt that the service provided by Michael Lynch Family Lawyers was of a high standard. Each time, after appointments I came away feeling secure. Keep doing what you are and maintain the ‘family feel’ that permeates your services.
C.W., Brookfield
I appreciate you being upfront with fee estimates. You also have a fantastic website and the seminars REALLY helped to get me focussed.
T.C., Tarragindi
Amy, thanks very much to you and your team. Throughout my dealings with MLFL I have been continually impressed with your level of professionalism and, in particular, your understanding of circumstances and the articulate way you conduct yourself. I was completely satisfied with today’s outcome and without your experience and expertise in family law I doubt that the result would have been achieved.
M.R., West End
Thank you for providing me with a professional yet empathetic approach to gain the best outcome for me. My solicitor was excellent in explaining the processes and in representing me in Court. You have great customer service!
T.V., Everton Park

Michael Lynch Family Lawyers are easy to deal with, and your systems are good.

D.T., Ferny Grove