04/09/2020
In light of Governor Sununu’s stay-at-home orders together with various CDC guidelines, many parents of divorce or parenting matters are left wondering how these orders and guidelines could affect their routine parenting schedules and decision-making. If you have parenting orders or a court ordered parenting plan, those orders control, even amid this crisis. One issue relates to the closure of schools requiring home schooling and whether that now becomes a joint parenting decision relating to education. Unless the parties can agree on an alternate schedule for purposes of sharing in the homeschooling task during this crisis, it appears that the parties’ court ordered parenting schedule controls. The parent with whom the child resides for that designated day is responsible for the homeschooling.
Another issue relates to the parties’ exchange of the children from one parent’s house to the other and questioning the potential exposure of anyone in the household to the COVID-19 virus. Exchanging children according to an existing order is essential travel and that the COVID-19 pandemic is not an excuse to deny parenting time or refuse to transport or meet for an exchange. Unless there is a known, direct diagnosed exposure with additional directives by a treating physician that could place the children at risk, and the parents cannot agree to use common sense and reasonable judgment (i.e. video or telephone contact) a request for an emergency order may be appropriate in that instance. It is clear however, that the courts expect parents to follow their parenting orders or court ordered parenting plans.
If you need assistance with developing a plan to get through this crisis, including possibly seeking emergency court intervention in New Hampshire, contact our office. We are still working and following all of the recommended guidelines for social distancing and safe practices and can schedule a telephone consultation with you.
COVID-19 Pandemic In light of Governor Sununu’s stay-at-home orders together with various CDC guidelines, many parents of divorce or parenting matters are left wondering how these orders and guidelines could affect their routine parenting schedules and decision-making. If you have parenting orders...