Navigating Family Life While Managing Coronavirus Lockdowns
We all want to do the right thing and flatten the curve to stop COVID-19 in its tracks.
However, we are all human and living in each other’s pockets while trying to meet work deadlines, implement a home schooling timetable, feed the pets and try to maintain our relationships can lead to unimagined stresses.
These are unprecedented times so it is important to look after your emotional and mental health. Try to talk to your partner and see if there is a workable solution to give you each some space.
Coronavirus and Family Violence
Unfortunately, the closure of play centres, places of worship, libraries and many schools, and working from home means that victims of domestic violence have lost safe havens and outlets where they could find respite and someone to communicate with if they needed to escape a violent partner.
If the situation becomes untenable and you or your children are in danger, it is important to remove yourselves from the conflict, go to the Police and move to a safe house whether with other family members or in a refuge until more permanent arrangements can be made. The Police may be able to issue an ADVO for your protection.
Government Initiatives
Both the State and Commonwealth Governments have announced extra funding to assist refuges and other support services such as counselling, the 1800RESPECT domestic, family and sexual violence counselling service, and Mensline Australia.
Please URGENTLY contact any of those services if you are in immediate danger.
Family Courts during the Pandemic
The Family Courts in Australia are still open during the pandemic. They are prioritising urgent matters involving family violence, recovery orders and cases where there is a risk to children.
Some matters may be dealt with by telephone. Others will require attendance at Court where strict hygiene protocols and social distancing are maintained for everyone’s safety.
Our article “My Ex-partner has taken my Children. How can I Get them Back” published on 26 April 2019 is still valid.
If you are separated and trying to comply with Court Orders for the children to spend time with your former partner, other problems may arise. Please check out our article “COVID-19 and Family Court in NSW” which we published on 29 March 2020 and which cites the Chief Justice of the Family Court, Chief Justice Algestren. It is important to work out the best arrangements that you can both manage to comply with the Orders and if that is impossible, to do the best you can.
To review His Honour’s complete statement please click here.
What we can do to help
If there are children?
The Courts will always put the best interests of the children as the most urgent priority.
The Courts take family violence very serious and the Family Law Act (Cth) 1975 [“the Act”] has a broad definition of that violence including coercive controlling behaviour and financial control.
If you and your children are the victims of domestic violence, we can assist you both in attending Court to ensure the AVO/ADVO is in place to protect you all and also in initiating Family Law Proceedings to safeguard you in the future.
Partner Violence – no children
Beyond the AVO/ADVO proceedings we can help you sort out your financial security as you face an uncertain future as well as draft orders to ensure your safety and protection.
Please see our article of 10 August 2019 “Family Violence and AVOs/ADVOs”.
SEPARATION without VIOLENCE
It may be that the relationship cannot be saved. It is important to rationally work out the next step. Do you have secure employment? Will you need to retrain to find a job after the Coronavirus has been eradicated? The current situation may crystallise your thoughts and confirm that sadly the relationship has no future.
However, if you have children, you need to think about whom they will live with, how you will manage holidays and even who will look after the pets. Often this can be worked out amicably.
We can work out parenting and property orders which the Court will consider and with agreement register as Consent Orders.
Initially we can write to your ex-partner or the legal representative and work out what property is involved and negotiate a fair and reasonable settlement for each partner.
There are procedures in place dictated by the Act and the Courts which assist couples in rationally assessing the way ahead.
You can find details of these in our articles: “Do I Have to go to Court Straight Away?” published on 4 September 2019 and “How Does the Court Work out Property Division between a Separating Couple?” published on our website on 28 February 2020.
While the stress and anxiety of the pandemic may make you feel helpless and unmotivated to settle your situation, it can also offer you an opportunity to focus and work towards a stable future where you and your ex-partner can consider the children, their education, your potential home needs and what is practical when finances may be restricted and the employment landscape may have changed forever.
CHILDREN’s ANXIETY during Separation and the COVID-19 Pandemic
Clients have advised that many of their children are stressed about schoolwork, trying to organise technical issues to get access to teachers whether in primary school or facing the HSC and unchartered waters for students and the Education Department.
This uncertainty is causing them to internalise their stress as they witness the deteriorating relationship of their parents who are facing untold pressures of their own.
Kids Helpline is a useful resource as well as the ABC Kids Channel which has a number of APPs, videos and tools to help:
The ABC Kids Mindfulness Toolkit can be found at https://vimeo.com/241625869
The ABC at the Central Coast has posted a video to help in “Talking to Kids About Coronavirus.” Which can be found at https://www.facebook.com/abccentralcoast/videos/271974253797417/
OUR OFFICE during the COVID -19 Pandemic
Our office is still open and offers a safe environment where we are able to practice social distancing.
Please ring our office as we also can set up ZOOM conferencing.
Articles on our blog are for your information only and do not constitute official legal advice.