Parenting contraventions during COVID-19

There is no doubt that the COVID-19 pandemic has raised some pretty tricky issues and dilemmas in family law. A common challenge is determining when it is reasonable to breach a parenting order if it means protecting a child from the risks of COVID-19.

A recent decision of the Family Court examined this very issue. In this case, the mother of a 4-year-old child breached parenting orders by withholding the child from spending time with the father, on the basis that the child had a pre-existing health concern, which made the child more vulnerable to suffering an adverse reaction if infected by COVID-19. The mother's GP had prepared a medical certificate in support which recommended that the child stay at home with the mother, and not spend any time with the father.