Family Courts launch COVID-19 List to deal with urgent parenting disputes

Commencing today (29 April 2020) the Australian Family Courts have established a court list dedicated to deal exclusively with urgent parenting-related disputes that have arisen due to the COVID-19 pandemic.

This introduction of the new COVID-19 court list is in response to an increase in the number of urgent parenting applications that have been filed with the Court in the past 4 weeks.

The new list is designed to quickly identify and deal with cases that need urgent attention due to the COVID-19 crisis.

Applications that are eligible to be dealt with in the COVID-19 List, especially those involving issues of risk and family violence, will receive immediate attention and will be heard electronically by a judge within 72 hours of being assessed.

Cases that may be suitable for filing in the COVID-19 List include the following examples:

• Family violence:
  Where there has been an increase in risk due to family violence resulting from the restrictions imposed on families during the COVID-19 pandemic.
• Supervised contact:
  Where the current parenting arrangements involve supervised contact, and the contact centre is closed or the supervisor is unable to perform their role, and the parties cannot agree on an alternative arrangement.
• Border restrictions:
  Where the parties live in different States or Territories and the child cannot travel between the parties’ residences due to border restrictions.
• Medical:
  Where the parties and/or child have tested positive for COVID-19 and cannot fulfil the parenting obligations due to sickness or concerns of infection.

Electronic Hearings (with filing via email and hearings conducted by video link or telephone) will serve to expedite these urgent applications.

It is proposed that the COVID-19 List will operate initially for approximately three months, but this will be assessed.

Parties will still be expected to adhere with requirements to attend Alternative Dispute Resolution prior to filing an application with the Courts, if safe and appropriate to do so.

If you require any assistance with family law matters, and particularly urgent parenting issues arising as a result of the current COVID-19 pandemic, please do not hesitate to telephone one of our experienced Family Lawyers on 9890 3321.