Co-parenting and Parenting Plans in a Tough Environment: Giving Guidance When it’s in Short Supply Wednesday, April 1, 2020 2:30pm ET Judge Gerri Wong Annette T. Burns Ontario Court of Justice Certified Family Law Canada Attorney
Shelter in Place Orders • Does your state have Orders specifically referencing: 1. Parenting orders remain in effect; and 2. Local travel in order to comply with custody orders is permitted?
Emergency Orders? • When to request • Are courts available? • What is truly an “emergency”: “COVID-19 is Not Automatic Suspension of Parenting Time Nor Results in Urgent Hearing”
Ribeiro v. Wright, Ontario 3/24/2020 Triage judge for emergency consideration “. . . .[t]here is a presumption that all orders should be respected and complied with. More to the point, there is a presumption that the existing order reflects a determination that meaningful personal contact with both parents is in the best interests of the child.”
Requests to change parenting time orders based on: • No school/ no childcare • Health Care Worker Parents/ First-hand Exposure: Is the other parent’s legitimate concern about a parent’s exposure enough to change parenting time? • What if a parent just returned from a country or location experiencing a very high outbreak? • At risk children/ At-Risk Parents: limited parenting time due to medications; asthma/ respiratory illness • Grandparents, others in home •
Considerations for appropriate advice for parents/ clients Oregon Statewide Family Law Advisory Council acted quickly to affirm that parenting orders should be followed. • “COVID-19 is not a reason to deny parenting time.” • Addressing with parents the need to exchange information, even if they’re in a parallel parenting model and have been previously instructed that they don’t have to share day today items and info. • Referral to in-person, telephone, or Zoom mediation for disputes
Resources Oregon Statewide Family Law Advisory Council: https://www.oregonlive.com/coronavirus/2020/03/child-custody- • arrangements-amid-coronavirus-statewide-family-law-panel-issues-guidance.html?fbclid=IwAR1PRp4R- i9lmtjHo203AGPGPrSrINTjJ0OwWmYAHeP5Is4TkNwt5MJpW24 AFCC COVID resource page: https://www.afccnet.org/Coronavirus • Texas Standing Order re parenting time: https://www.txcourts.gov/media/1446106/209043.pdf • Kentucky Standing Order: https://kycourts.gov/courts/supreme/Rules_Procedures/202014.pdf • Ontario case Ribeiro: • https://www.canlii.org/en/on/onsc/doc/2020/2020canlii23204/2020canlii23204.html?autocompleteStr=Ribeiro%20v.% 20Wright&autocompletePos=1
Thank You For Attending • To view a recorded version of this full presentation, and other resources for co-parenting during tough times, visit this link: https://www.soberlink.com/co-parenting-in-tough- environment-resources/
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