Parenting Plans And COVID-19 Pandemic
The COVID-19 pandemic has raised numerous questions concerning Parenting Plans and whether parents must abide by court-ordered residential schedules during this time. The short answer is yes; although there may be limited exceptions. The following are common questions heard by our Family Law Group. Responses follow the guidelines related to parenting plans issued by Snohomish County Superior Court.
Is the pandemic and Governor Inslee’s Stay Home – Stay Healthy Proclamation reasons by themselves to suspend visitation? No. The mere existence of the COVID-19 pandemic is not by itself a sufficient reason to suspend court-ordered residential time. Governor Inslee stated, “Nothing in this Order [Stay Home – Stay Healthy] is intended to prevent compliance with a private parenting plan.”
Can a parent request of the court to reduce or stop parenting time temporarily? Yes. Snohomish County and King County Superior Courts are hearing motions (requests) to reduce or suspend residential time. The court will look at whether the requesting parent is acting in good faith and whether there are specific facts to show a substantial health risk that justifies a temporary change to a parenting plan.
Can a parent be found in contempt of court and penalized for failing to exchange a child for court-ordered residential time? Yes, unless the court finds the parent acted in good faith, had justifiable factual reasons to show a substantial health risk specific to their situation or it was impossible to following the parenting plan, and proposed equal make-up time.
If a parent has supervised visitation, does visitation still continue? Yes. If a supervisor is unavailable, try to find an alternate supervisor. Parents may also agree to equal make-up supervised time set for a later date when a supervisor is available.
If a parenting plan provides for residential time in a public place, do they still occur? Yes. Parenting time should continue at locations permitted under guidelines of the State, such as a large park, and follow social distancing guidelines.
If a parent is COVID-19 positive, should their residential time be suspended indefinitely? No. Visitation should resume once the parent has recovered and sufficient time has passed so that health professionals believe it is safe.
Are telephone calls and video conferencing substitutes for residential time? No. Further, they generally do not suffice as make-up time either.
Is a parent required to put a child on an airplane for residential time with the other parent? There is no definitive answer to this question at this time. It also depends on the court hearing your case. Snohomish County Superior Court has suggested that parents should strive to agree to schedule make-up time when travel will become possible or less risky. It is prudent to seek court approval should this issue arise and no agreement between parents reached.
Should parents be following the school schedule in their parenting plan at this time? Yes. The school year remains in session with remote learning, and the school schedule applies until the school year has ended.
If your parenting plan provides for exchanges after school, what is the exchange time while there is remote learning? If there is no specific time specified other than after school, use the time school would normally get out when it is in session, unless otherwise agreed upon by parents.
If you believe the other parent is not following social distancing guidelines, can you withhold residential time? Generally, no. So long as their actions are not violating the law or seriously endangering the child, each parent is able to use their own best judgment when they have the child.
It is important to understand that each situation and family are different. You should consider seeking advice as to your specific circumstances. Our Family Law Group is available to assist you through these challenging times. Please contact us to schedule a telephone or video conference, via email to JasmineB@beresfordlaw.com or call our office at (425) 776-4100. We continue to serve our community with full remote capabilities.