By Dharsh Nanayakkara - 30 Mar 2020
It has been five days since New Zealand went into lockdown
in response to the Covid19 Pandemic, and separated parents sharing
care of their children have faced the unprecedented and daunting
issue of who the children will reside with during
lockdown.
Director General of Health, Dr Ashley
Bloomfield states that children may travel between their separated
parents in two separate households, provided that both are in the
same city and that both households strictly abide by the
self-isolation and hygiene protocols required by the Ministry of
Health.
This was endorsed by Principal Family Court Judge Moran, who
agrees that children living between homes in shared care
arrangements ''may still travel between their two homes during the
lockdown period, provided that the homes are in the same city,
and the safety of the children and others in their
family unit should not be compromised by movement between those
homes." (emphasis added)
Judge Moran went on to say that public safety was essential,
particularly "if there are more than two households involved."
What this means for separated parents sharing care of their
children is that their household "bubble'' can include two
households. So if your usual care arrangement requires movement
between households A and B, then provided they are in the same
city, this arrangement can continue during lockdown until we are
told otherwise by the government.
However, if household B has siblings/step siblings/half siblings
or persons moving between household B and a third household C, then
household A is not required to send their children to household B,
as this would destroy the bubble between household A and B.
Household B would need to assure household A that there would be
no further physical contact with household C during lockdown. In
this way, the bubble between household A and B could remain
secure.
There has also been concern around what happens when an
essential care worker resides in one household, and where there are
vulnerable children moving between households or vulnerable
grandparents residing in one household. These issues have been
dealt with on a case by case basis with the guidance of Judge
Moran's comments above.
Skype, Zoom, WhatsApp, FaceTime, HouseParty and other video
calling services and a variety of social media forums should be
used in cases where physical contact between families is not
possible during lockdown.
The best interests of the children has been the paramount
guiding principle in matters under the Care of Children Act 2004.
In our current climate of uncertainty and fear, Judge Moran adds:
"Parents must put aside their conflict at this time and make
decisions that are in the best interests of the child and their
families and the wider community".
Covid19 places significant stress on our economy, community, and
ultimately our family unit. Ensuring that our children are able to
see both parents, while keeping their community safe, is essential
to our collective wellbeing.
Contact Dharsh Nanayakkara or any member of
our Relationship Property Team
if you or someone you know has concerns regarding shared care
or parenting arrangements during this challenging time.