The COVID-19 pandemic has changed life as we know it. Each day, people are having to adapt to constantly changing rules, policies, and advisories.
Coronavirus Shelter-In-Place | What Does that Mean for Custodial Exchanges in Virginia?
Virginia is not under a shelter-in-place order as of March 25, 2020; however, as COVID-19 outbreaks apex in different regions of the state, such a mandate remains a very real possibility. This has many families and family law attorneys are pensively considering:
Under a shelter-in-place mandate, will divorced/separated parents be able to travel for the purposes of custody exchanges?
Unfortunately, there is little guidance specific to Virginia on this issue at this time. Other states have, however, weighed in on how “shelter-in-place” mandates affect custody and visitation arrangements.
Coronavirus Shelter-In-Place and Custody in Other States
Illinois
The shelter-in-place regulations include a provision deeming travel for custodial provisions pursuant to a Court Order to be “necessary.”
Indiana
Governor Holcomb issued a stay-at-home directive on March 23, 2020 via an Executive Order. Two sections of this Executive Order allow parents to continue to travel to care for a family member. One section specifically provides that travel required by law, such as to “transport children pursuant to a custody agreement,” is deemed essential travel.
Ohio
Governor DeWine issued a stay-at-home order on March 22, 2020. This Order specifically provides that travel required by law enforcement or court order, including to transport children pursuant to a custody agreement, is essential travel. Prior to this Order, the Franklin County Court of Common Pleas – Division of Domestic Relations in Columbus decreed that “[w]ith respect to parenting time issues and the state-ordered school closures, parents who have shared parenting plans or custody orders should continue to follow those orders to the best of their abilities and in the spirit intended by the Court. Parties should adhere to all holiday and spring break schedules as designated by their schools at the beginning of the school year regardless of recent changes. They should follow the regular parenting schedule during all other times unless their orders specifically address school closures. The parties should also communicate about the location, health, and welfare of the children daily and should discuss travel plans and arrangements as required by their parenting plans or custody orders.”
Massachusetts
While Massachusetts is not currently under a shelter-in-place mandate, on March 24, 2020 the Chief Justice of the Massachusetts Probate & Family Courts specifically stated that parenting orders are not stayed. The Judge further indicated that “[i]t is important that children spend time with both of their parents and that each parent have the opportunity to engage in family activities, where provided for by court order. In cases where a parent must self-quarantine or is otherwise restricted from having contact with others, both parents should cooperate to allow for parenting time by video conference or telephone.”
What Does that Mean for Custodial Exchanges in Virginia?
The takeaway from this sample of regulations shows that Courts are discouraging parents from using the COVID-19 pandemic as a reason to deny a parent time with their children. Of course, each situation is unique, and thus parents, and the lawyers advising them, should use good judgment under the circumstances of their particular case, while continuing to support the positive relationship between each child and each parent.
It is important to note that this article, and the information referenced herein, is not a substitute for Virginia law or policy, and it does not constitute legal advice.