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Published on: November 10, 2023
COVID-19 and Family Law Decision-Making
1Barrister, Castan Chambers, Melbourne, Australia; Professorial Fellow of Law and Psychiatry, University of Melbourne; Adjunct Professor of Forensic Medicine, Monash University; Adjunct Professor, Johns Hopkins University, Baltimore, Maryland, United States.
Abstract:
All aspects of family law have been affected by the COVID-19 pandemic. It has posed challenges for the operation of the Family Court of Australia and the Federal Circuit Court, the obtaining of expert reports, the conduct of hearings, the functioning of contact centres, and the mode of delivery of children's schooling. In Australia and in Ontario an attempt has been made to be clear about what is expected of parents during the period of crisis. An Australian innovation has been the establishment of a COVID-19 List and communication by the Chief Justice of the Family Court about what is expected of parents by way of compliance with orders from chief health officers and safe practices to protect children against infection, especially those with particular health vulnerabilities. This column reviews such initiatives and a number of the significant family law decisions during the early phase of Australia's response to the COVID-19 pandemic.
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