As our country grapples with Covid-19, so does the family law system. The Family Courts have this week released guidelines on how the court will deal with their many parenting and property cases. This includes deferring those cases that aren’t urgent to a later date and switching to telephone court appearances. We have received many calls from people who are concerned about the impact that Corona Virus will have on their family law matters. We have put together our tips for anyone going through a family law matter on how to ride the wave.
1. It’s never been a better time to mediate
While the family court prioritises its urgent parenting disputes, a mediation is an excellent way to resolve both parenting and property matters. It is also more cost effective. Lawyer assisted mediations has a high success rate. It is an attractive way to avoid the delays and costs associated with the court process.
2. Don’t delay
We have been told that Covid-19 is here for the long haul. Think 6 to 9 months. Delaying bringing finality to your property division or parenting matter could make matters worse. Property divisions are subject to time limits which could expire if you leave it too late.
3. Get updated valuations
Superannuation funds and share portfolios everywhere have taken a huge hit. It is important that the property being divided between couples reflect the current value. Ask your superannuation fund for an updated valuation.
4. Don’t use Covid-19 as an excuse not to comply with parenting orders
We have seen some parents insist on the other parent providing a medical certificate before they can see their children. Unless there is a risk to the child due to a parent showing clear symptoms of the virus, parents should not make time with children conditional on the other parent producing a medical certificate.
If in doubt, seek advice from a family lawyer. For Cairns Family Law Group it is business as usual. We are continuing to be available to our clients and take on new enquiries. We have offices in Innisfail and Cairns.
