Important Update On Parenting Orders, Parenting Plans and COVID Restrictions

The current Covid restrictions in South East Queensland are a little different from those that were in place before, and there are some differences that are relevant for separated families who have arrangements for their children to spend time with the other parents.

The Covid lockdown arrangements apply to the 11 Local Government areas in South East Queensland. If you are within that area you are only permitted to leave your home for certain specified reasons. Under the current Queensland Health Direction, this specifies that a permitted reason is to continue Court ordered or directed arrangements for children to spend time with their parents and other siblings. This clearly does not include the many people who have managed to reach an agreement between themselves, whether that is an informal agreement or in a parenting plan, but which has not required a Court Order.

Strictly speaking, therefore, if there is no Court Order in place for children to spend time with their parents then it is not a permitted reason under the current Covid restrictions.

If one parent lives in a locked-down area, and the other parent does not, the same rules appear to apply – travel is permitted in and out of the locked-down area, provided it is for a permitted reason.

It remains to be seen whether the Queensland Government will revise this direction to reflect the fact that many people do not have Court orders to address their parenting arrangements.

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