A common question asked of family law lawyers is: “do I have to continue complying with parenting Orders during the pandemic?”
There are very limited circumstances in which the Court will permit parents to fail to comply with Orders of the Court.
Parents will need to establish that there is a reasonable excuse for not complying. Whether the action or conduct is needed and necessary to protect the child from harm should be considered.
In a recent case of Pandell & Walburg (No 2) the Court considered the circumstances of COVID-19 and how it relates to the consideration of whether a parent has a reasonable excuse not to comply. [...]