PRINCIPAL FAMILY COURT JUDGE OF NEW ZEALAND
TE KAIWHAKAWĀ MATUA O TE KŌTI WHĀNAU
Judge Jacquelyn Moran
30 August 2021
Update to guidance regarding shared care arrangements of children at COVID-19 Alert Level 4
The Principal Family Court Judge has updated the guidance regarding the management of shared care arrangements pursuant to Family Court orders at COVID-19 Alert Level 4 (Delta variant). The overriding consideration is for parents to make decisions that are in the best interest of their children.
As Judge Moran noted in the guidance issued in March 2020, children are precious and more than ever, this is a time to focus on their wellbeing, and in particular, their safety. It is important their loved ones are also safe and well, and that children know that, and are able to see their parents and caregivers lead by example.
The intent of Alert Level 4 is to prevent COVID-19 spreading within New Zealand. Staying at home will save lives. The following guidance reflects the Alert Level Orders made by the Government under the Covid-19 Public Health Response Act 2020 and public health advice. Access arrangements under the Oranga Tamariki Act are not covered by this guidance.
The two home bubble differs from the guidance provided during COVID-19 Alert Level 4 last year to account for new Alert Level Orders made by the Government reflecting the high transmissibility of the Delta variant.
If three or more homes are typically linked by children moving between them, some changes may be needed to be made to existing parenting arrangements in consultation with all affected parties.
Further information for families
For up to date information, families are referred to the Unite against COVID-19 website(external link). Further guidance is also available on the Ministry of Justice website(external link).
Family Court proceedings at COVID-19 Alert Level 4
The Family Court continue to deal with priority proceedings during COVID-19 Alert Level 4, as set out in the court protocol. This includes Applications for Compulsory Treatment Orders, IDCCR, Protection Orders, Without Notice Interim Parenting Orders including enforcement, guardianship disputes (COCA), Without Notice Custody Orders or Place of Safety warrants (Oranga Tamariki); Welfare Guardianship or Property Orders (PPPR). Priority proceedings also include any other application considered by a judge to warrant an urgent hearing or judicial conference and, other urgent applications normally considered on the eDuty platform.
ENDS.
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