Domestic Law
During a Pandemic
Navigating family law issues during social
distancing.
BROOKE FRENCH
Kessler &
Solomiany, LLC
bfrench@
ksfamilylaw.com
As schools closed, college students returned
home and adults began working at home,
tension and anxiety was high among the
most well-grounded of folks. For a certain
subset, it is a particularly trying time –
parties currently going through a family
law action and those who have completed a
family law case.
As family law practitioners, we offer our
clients advice based on our experience,
yet we are currently in the midst of a
pandemic the likes of which we have not
seen. Accordingly, below is some advice
and practical suggestions to navigate this
unprecedented and unpredictable situation.
1. COMMUNICATION IS KEY:
Although it is difficult for couples involved
in litigation or those who litigated against
each other to discuss almost anything,
COVID-19 is forcing parties to do exactly
that. Patience is key in communication. If
you are unable to talk to each other without
getting into an argument, email is the best
tool and creates a written record that can
later be reviewed if necessary. Make sure
to leave anger and sarcasm out of your
communication and assume every email
and text will eventually be read by the judge.
2. FOLLOW COURT ORDERS:
Temporary and Permanent Court Orders
for parenting time MUST STILL BE
FOLLOWED -- UNLESS BOTH PARTIES
ARE IN AGREEMENT. Courts have issued
16
April 2020
JOHN KILLEEN
Bodker, Ramsey,
Andrews, Winograd &
Wildstein, PC
[email protected]
guidance specifically stating that all custody
and parenting time orders remain in effect
during COVID-19 shelter in place orders.
The parent who does not comply with the
court ordered parenting time runs the risk
of being held in contempt. Family court
judges are allowed discretion and orders are
rarely reversed on factual matters such as
contempt.
3. WORK TOGETHER:
If it works for your children, propose
a “reasonable” solution to dealing with
custody time periods during this isolation
period to minimize transfers between homes
to avoid potential spread. For example,
some parents are temporarily changing
to a 2 weeks on/2 weeks off schedule with
each parent, with video calls daily to keep
in contact. This schedule coincides with the
CDC recommendations for self-quarantine
if someone is exposed to the virus. Others
are quarantining together to ensure the
children see both parents during this
difficult time. Although you need to do what
is best for your children, do not unilaterally
change your custody or parenting time
schedule, and always attempt to reach an
agreement with the other parent.
4. TEACH GOOD HYGIENE:
Use this time to teach children how to be
safe and lead by example. Children take
their cues from their parents and need to
feel safe.
5. TAKE CARE OF YOURSELF:
Caring for children during this time will
be exhausting emotionally, physically and
mentally. Take some time to yourself doing
something you enjoy – exercising, baking,
cooking, reading, napping, completing a
puzzle, or watching movies. This is a stressful
time that will require unbelievable amounts
of patience and grace. Therapists are still
practicing and can be a valuable resource for
you and your children during this uncertainty.
6. TREAT THE OTHER PERSON WELL:
As difficult as it is to be kind to your spouse,
former spouse or the parent of your child,
it is a necessity – particularly now. Be the
bigger person and treat the other person as
you would like him or her to treat you, even
if it is not reciprocated. Kindness, grace and
patience are critical elements and will often
help make communication more amicable
or, at the very least, will reflect well on you in
later court hearings.
7. ACTIONS DO HAVE CONSEQUENCES:
Although experienced family law lawyers
spend countless hours drafting language in
Settlement Agreements and Court Orders
to take into consideration many potential
situations arising from raising children in two
different households, this pandemic is NOT
one of the contingencies considered. We
are all navigating how to manage parenting
time during this pandemic. The courts have
issued some guidance but, as each family law
case is unique, each family must determine
how to proceed and what risks he or she is
willing to take. Of course, actions can have
consequences with regard to our health.
Additionally, actions can have consequences
with the Court and there may be penalties
in the future such as contempt, an award of
attorney’s fees, make up parenting time or, in
extreme circumstances, changes of custody or
parenting time. Its important to think about
the future and how your actions today might
impact that.
Family law cases are especially fact-specific;
how those facts will be viewed by the judge
in a specific case cannot be generalized.
Accordingly, if you have questions about
how best to deal with your specific family
law issue, please consult with a family law
attorney for advice.