In this article, we will address the commonly asked questions and explain the operation of the Public Health (COVID-19 Additional Restrictions for Delta Outbreak) Order 2021. We will refer to it as ‘Public Health Order 2021’ in this article. This order was adopted on 26 June 2021 and has since been amended dozens of times, sometimes as often as twice a day. Understandably, it is not easy for parents and carers to follow and understand clearly what your rights and obligations are.
So how do separated parents navigate parenting arrangements during the pandemic? How does the Public Health Order 2021 affect the operation of orders of the Family Court of Australia or the Federal Court of Australia? Can the child still go to school or child-care? There is a lot of uncertainty around the orders which we will try to alleviate in a question-answer format.
Does the Public Health Order 2021 cancel out or suspend the orders of the Family Court of Australia or the Federal Court of Australia?
No, it does not. Parenting orders remain in full force and effect save for the changing circumstances. Each parent remains under a legal obligation to facilitate the court order and make the child available to the other parent in a manner envisaged by the order.
Example: Tim and Natalie share the care of their 8-years old twins. In accordance with the orders Natalie collects the children at 12 noon each Sunday from a swimming pool and they stay with her to 9 am the following Thursday. The twins spend the rest of the week in Tim’s care. The arrangement has to continue. However, in accordance with COVID-19 restrictions the swimming pool is closed, and Tim and Natalie would need to agree on an alternative place to handover the children, for example, a local park or supermarket.
Can I leave home or temporary accommodation to facilitate parenting arrangements and contact between my child or children under the age of 18 and their other parent or sibling who live separately from us?
The answer is yes, you can. You have to have a reasonable excuse to leave your premises. The full list of reasonable excuses is contained in Schedule 1 to the Public Health Order 2021. Clause 11 names ‘undertaking any legal obligations’ as a reasonable excuse. Clause 13 specifically refers to children who do not live in the same household as their parents or siblings or one of their parents or siblings—giving effect to new or existing arrangements for access to, and contact between, parents and children or siblings.
We do not have parenting court orders. We have been sharing the care of children by agreement. Can we continue to share the care of children during the COVID-19 pandemic?
Yes, you can. Whether you have been sharing the care of children pursuant to Family Court or Federal Circuit Court of Australia orders, a parenting plan, or by verbal agreement, there is nothing in the Public Health Order 2021 to stop you from continuing to do so.
I heard visitors are currently not allowed. Can I still visit the other parent’s house to drop off the children or do we have to elect a different changeover location?
Yes, you can. Clause 22A of the Public Health Order 2021 states that visitors are not allowed at the place of residence in Greater Sydney. Exemptions to the rule are set out in Clause 22B. In particular, Clause 22B (4)(c) says: ‘a person is authorised to visit a place of residence in Greater Sydney to give effect to new or existing arrangements for spending time with, and providing contact between, parents and children under the age of 18 or between siblings.
I am concerned that my ex-partner’s parents are visiting their household to look after my children. Isn’t this a breach of the Public Health Order 2021?
It is not a breach. Clause 22B (4) (b) of the Public Health Order 2021 permits a person to visit a place of residence in Greater Sydney for childcare.
I have children from my previous relationship as well as children with my current partner. Can we all go outdoors together to exercise?
Absolutely! The limit of 2 persons does not apply to the exercise of family members all of whom are members of the same household. (Clause 22? Of the Public Health Order)
Can the children from my previous relationship and the children with my current partner go in the same car to a place of outdoor exercise?
You are allowed to travel in one vehicle in Greater Sydney with any number of the members of your household (Clause 24AA)
Additional restrictions for certain LGAs.
At the time of writing of this article the following local government areas or parts of local government areas (each a declared area): Blacktown, Campbelltown, Canterbury-Bankstown, Cumberland, Fairfield, Georges River, Liverpool, Parramatta, Bayside, Burwood, Strathfield, and certain parts of Penrith comprising Caddens, Claremont Meadows, Colyton, Erskine Park, Kemps Creek, Kingswood, Mount Vernon, North St Marys, Orchard Hills, Oxley Park, St Clair, St Marys.
Would any answers to the questions above be different if we spoke about the affected LGAs?
Absolutely not. Whether you reside in the affected LGAs or not, the above rules equally apply to all residents of Greater Sydney.
What on Earth is Greater Sydney?
Schedule 4 to the Public Health Order 2021 contains a definition of Greater Sydney. It states:
Greater Sydney means—
(a) the Greater Sydney Region within the meaning of the Greater Sydney Commission Act
2015, and
(b) the local government areas of the Central Coast, the City of Shellharbour, and the City of
Wollongong.
Helpful isn’t it? No, it isn’t. The easiest explanation we could find (without listing every suburb) can be found by following THIS LINK. An interactive pretty map and a full list of suburbs falling under the category of ‘Greater Sydney’.
Can my children attend child-care services in a different LGA? Can I take them there?
Yes and yes. You can use a child-care centre outside of your LGA if you meet the following conditions:
- the childcare is within 5 km of the place of residence, or
- if they are not reasonably available in the 5 km radius—from another place in the declared area, or
- if they are not reasonably available in the declared area—from the closest place in Greater Sydney to the place of residence that they are available.
It is a reasonable excuse listed in Schedule 1 to the Public Health Order 2021 to leave the house to attend childcare, pick up or drop off a child at childcare, school, or another educational institution.
How Can We Help You?
We have wealth of experience dealing with parenting matters. We apply our experience and knowledge to guide you through difficult times and help resolve parenting issues as quickly, amicably and effectively as possible. We will:
- provide you with the advice on legal aspects of child custody, parenting orders and shared parental responsibility and will answer any questions you may have;
- will negotiate the best possible outcome that would work for your children and yourself;
- work on terms of an agreement to formalise the achieved compromise between you and the other party;
- file for Consent Orders; or
- represent you in court proceedings if there is no agreement.
For more information on child custody, parenting orders and shared parental responsibility or contact us on info@consortfamilylaw.com or call (02) 8003 3013.
