The coronavirus continues to be headline news across the world as Australia enters its fifth week of lockdown.
Schetzer Papaleo Luddu (SPL Lawyers), a family and relationship law firm with more than 65 years of combined expert family law experience, is offering a free one hour initial consultation during the COVID-19 pandemic to help those who may be going through a separation or have questions on how their circumstances will be affected.
Shikha Luddu, a partner at the firm, mother of twin girls and a Hobsons Bay local, answers some common questions that separated parents and those going through a separation may need to consider over the coming months.
What happens if you, your ex-partner or the children contract coronavirus or come in contact with someone who has contracted coronavirus?
You must share that information immediately with the other parent and try to agree on implementing an appropriate response. Time may need to be suspended for the period of isolation with the children to remain with one parent to ensure everyone’s health and safety.
Parenting Orders remain enforceable during this time, however parties can agree to temporarily amend the Orders in the best interests of children. It is stressed that any temporary changes be agreed in writing via lawyers or even between yourselves via email or text message.
What if children are withheld because of the pandemic?
If children are withheld, this would constitute a contravention and you may be the subject of an application to court. If a parent were to withhold a child, they would need to have a reasonable excuse for doing so. Withholding a child without agreement should be an absolute last resort and it is encouraged that parents seek legal advice prior to doing so as each case will depend on their individual circumstances. If a child is withheld, you should also seek immediate legal advice as an urgent recovery application may be needed. We can help you with this.
What is happening with matters in court?
The Federal Circuit Court and Family Court remain open. A number of hearings are now being undertaken by telephone or video link
I am concerned for my safety, or concerned for a loved one’s safety – what should I do?
Regrettably, family violence may increase with families spending more time together in circumstances of anxiety and stress. If you, or someone you know, needs additional support during this time, there are fantastic community organisations such as 1800-RESPECT (1800-737-732) or Safe Steps (1800 015 188) which offer help via 24-hour hotlines. If you are fearful for your safety, or the safety of someone else, during this time, you should contact the police and seek legal advice. We can assist you in relation to obtaining an intervention order or represent you at Court.
What is happening with any financial settlements?
If you have separated or are in the process of separating, you will need to come to an agreement on the division of your assets. At Schetzer Papaleo Luddu, we are working remotely and still able to negotiate and finalise any financial settlements without delay. In doing so, parties will need to consider the impact of COVID-19 on the value of houses, business and other assets of the relationship and are encouraged to seek legal advice in relation to their individual matter. Parties are reassured, despite the current climate, that financial settlement can still be achieved with many family lawyers working remotely now and able to conduct dispute resolution such as mediation via video link.
Schetzer Papaleo Luddu (SPL Lawyers), 5/170 Queen St, Melbourne. Appointments available 8am-6pm Monday-Friday. Inquiries: 8602 2000, email shikha@spllaw.com.au or visit www.spllaw.com.au
