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Border closures and family separation

10 August 2020

As the COVID-19 pandemic continues, Queensland has once again closed its borders to NSW and the ACT.

Premier Annastacia Palaszczuk announced that from August 8, only residents of border communities and essential workers would be able to cross the border and exemptions, including for compassionate reasons, would be limited.

COVID-19 has had a significant impact on separated families, and border closures are an added complication.

According to the latest information from the State Government, families with shared parenting arrangements will need to provide evidence of official court orders or agreements to allow them entry into Queensland.

Earlier this year the Family Court brought in the ‘COVID-19 urgent parenting list’, dedicated exclusively to dealing with urgent parenting-related disputes that have come about in the wake of the pandemic.

There’s a specific process to follow to get onto the COVID-19 court list, including instances of family violence or if there are issues with supervised contact. If the Court accepts the matter, it will be heard within three days.

The Chief Justice has recently noted parents are still expected to facilitate contact time with children, despite the pandemic and the courts have also said they’re unwilling to entertain petty claims for contravening parenting orders.

Here are some of the issues you should keep in mind:

  • Domestic violence orders are unaffected by COVID-19.
  • Courts treat any breaches of parenting orders very seriously. If you plan on breaching a parenting order, for example due to health concerns for your child in another household, please speak to us first.
  • There may be grounds to change child support arrangements if one parent has lost their job or are now on a reduced income.
  • Any change to parenting arrangements should be documented in emails, a parenting app or letters between lawyers. Seek legal advice about the best way to document changes.

But apart from heading straight to court, what else can families do under the current circumstances to make life easier, particularly for children?

  • Plan ahead for parenting time. If your child’s sporting activities have been cancelled, what else can you do together? And if one parent lives in a different state, think about how to keep the lines of communication open.
  • In the wake of businesses and playgrounds closing, changeover venues may need to be reconsidered. Can changeovers now happen at your home or the other parent’s home?
  • It’s an anxious and uncertain time for everyone. Try to keep calm and see things from the other parent’s perspective. Your children might be worried as well, seeing and hearing about COVID-19 through the media, or from their school. Take the time to talk with them and be present.
  • Be patient. This situation is not going to resolve itself overnight and there may be long term changes to how we live, work and socialise.

The Queensland Government has said the border closure will be reviewed at the end of August, but it’s important to remember this is an ever-changing situation.

The Chief Justice of the Family Court of Australia, the Honourable William Alstergren, has said it’s imperative that parents and carers act in the best interests of their children and to be consistent with their responsibilities.

“In the meantime, the community should be assured that the courts will continue to perform their duties during this time of crisis,” he said.

“Judges, Registrars and staff are committed to providing access to justice when called upon to do so.”

If you have a family law issue being impacted by COVID-19, we recommend you contact us immediately to obtain legal advice to navigate this new and developing process. Contact our office on (07) 3221 4300.

Border closures and family separation: a straight country road leading to the horizon near Killarney in Southern Queensland.
2021-09-29T11:52:54+10:00

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C.T., Bribie Island
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E.F., Nundah

After utilising the mediation services team recommended by your organisation, my ex-partner and I were able to reach some interim agreements about parenting. I am incredibly grateful for the advice provided by Debra Effeney; and found your firm’s services to be exceptionally professional. If we needed to consult a family lawyer in the future, we would have no hesitation in reconnecting with your firm.

K.M., Paddington

Thank you, you kept me sane in a difficult situation and gave me the encouragement and the confidence to keep going. You made me feel extremely comfortable.

A.M., Chambers Flat
The staff at Michael Lynch Family Lawyers were great. Everyone was fantastic, professional, understanding, caring and always communicated with me. I knew I was in good hands.
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I have appreciated the way that you and the staff at your firm have handled my situation. I would especially like to mention the professional and caring way my lawyer conducted my case, I am deeply grateful and extremely happy with the results. I will be referring others to your service.

J.H., Wellington Point
My family lawyer was very helpful in assisting me to combat a very ugly situation without stooping to the low levels that the other solicitor attempted to take us.
M.J., Manly

Michael Lynch Family Lawyers know what they are talking about.

R.M., Warwick
I like that my lawyer treated me like a friend and kept jargon to a minimum. She was easy to contact and kept me informed.
L.R., Samford
My solicitor provided a personalised service, prompt and quick responses and cost information prior to my commitment.
G.C., Southport
Amy, thank you for all that you have done during this matter. You impressed me with your professionalism from our initial meeting, and you have proven beyond doubt, to have had the skills and knowledge required. You are a credit to the company, and I would highly recommend you to anyone in a similar situation.
R.P., Cleveland
Michael Lynch Family Lawyers have really listened to me. I felt confident my case was handled well. The law has changed recently, and I did not feel that a previous law practice I spoke to was suitably up-to-date.
P.B., Carindale

We had such a positive experience with Michael Lynch Family Lawyers, and we highly recommend their services. Meticulous attention to detail, attended quickly to every additional request we made, and made sure we always knew exactly where we were every step of the way. Our lawyer took what was such a stressful and emotional time for our family, and made the process feel so smooth and seamless.

N.B., Brisbane
Michael Lynch Family Lawyers always gave me competent and knowledgeable advice. I was consistently kept up to date. The meetings and phone calls were kept business-like, yet caring and thoughtful of my emotional state at the time. Thank you.
J.S., Holland Park
My lawyer acted with professionalism in all her dealings with me and with the lawyer on the other side. I was always kept in the loop. I liked her approach. Thanks.
D.S., Coorparoo
Michael, thank you again for your presence here yesterday. We really appreciated the clarity and accessibility of your presentation. It is a rare thing to find somebody who not only has expertise, but also has a skill in communicating it.
J.S., Brisbane

Thank you for being very personable, professional and always providing me with the most appropriate advice in my times of difficulty. The other party’s lawyers were extremely aggressive, while Michael Lynch Family Lawyers remained calm and professional.

S.D., Parkinson
If I need a family lawyer in the future I’ll be heading to Michael Lynch Family Lawyers again.
C.W., Brookfield
A personalised and professional service. Information has been clear and provided timely to assist my decision-making.
S.S., Hamilton

My lawyer has been an amazing help through this stressful time. I will remember her help for the rest of my life. Thank you.

J.H., Brisbane
I like your friendly service and the ability to speak to my solicitor directly.
R.G., Wishart
Thank you for your ongoing conciliatory approach in this matter and as always I appreciate your level headed advice. I certainly feel that I ended up with the right Solicitor.
S.C., Nundah
Michael is very personable and very good at covering the material and explaining the strategy.
J.O., Hawthorne

You, guys, provide extraordinary service.

A.O., North Brisbane
Lovely to deal with and provides a balanced view in what are very difficult circumstances.
A.C., Morningside
So pleased to have had a good, sound and knowledgeable firm.
C.W., Brookfield

Your staff is knowledgeable, professional and very calm.

A.C., Helensvale

I was very impressed with the initial interview. Everything was well-explained, and the advice was honest about what I should expect.

C.M., Morningside
I appreciate my lawyer’s professional approach and her being on top of my situation.
N.S., Mt Gravatt

I just wanted to get in touch to say thanks for helping me get through my custody and settlement. Thanks again to you and your staff. You have had a significant positive impact in my kids’ lives!

B.S., Brisbane
May I take this opportunity to express my gratitude to you and your staff for the excellent professional services I received. In a word, priceless.
D.H., Hendra
Amy’s work was extremely professional but above all she has a manner and wisdom in dealing with people under stress. I will be recommending your firm to anyone that requires assistance.
K.H., Augustine Heights

I really liked the personable service by Michael Lynch Family Lawyers, the simple plain language you adopt and everyone’s patience.

A.O., Kedron

Many thanks to Stephanie for her help and support through this time, I was incredibly impressed with her work.

L.K., North Lakes
Amy, thank you. You have been diligent, accurate and pro-active for the entire duration of my matter. I appreciate it.
R.P., Cleveland
I appreciate you being upfront with fee estimates. You also have a fantastic website and the seminars REALLY helped to get me focussed.
T.C., Tarragindi

My lawyer was the most knowledgeable of all lawyers I spoke to when looking for a lawyer. Michael Lynch Family Lawyers showed professionalism.

R.R., Brighton

Thank you Debra for all the work you did for me, you both made the process manageable and brought sense to the chaos.

R.B., Toowong
I liked my solicitor keeping things as simple as possible.
S.M., Clayfield

I would like to thank your firm for the support and compassion shown while dealing with my matter.

C.M., Brisbane
Your team’s communication with me was exceptional, I knew exactly what was happening.
A.A., Eatons Hill
I was impressed by my solicitor’s attention to detail and her concern for me, and that the process was explained to me and that I understood it at all times.
B.W., Chapel Hill
I always felt that the service provided by Michael Lynch Family Lawyers was of a high standard. Each time, after appointments I came away feeling secure. Keep doing what you are and maintain the ‘family feel’ that permeates your services.
C.W., Brookfield

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T.S., Flinders
Thank you, you placed my needs first, you were aware of the need to reach a final result and not get caught up in the personal issues of the other party.
S.L., Moranbah
Your team is professional, warm, friendly and real.
N.R., Crows Nest

I’m very glad ‘Michael Lynch Family Lawyers’ is my lawyer and not the other side’s solicitor.

S.S., Hamilton

At Michael Lynch Family Lawyers I got professional and ‘no-nonsense’ advice, costs were within quoted amounts and my matter was resolved quickly – well done!

L.R., Ascot
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G.C., Clayfield

Thank you for helping me through this difficult time. You have been caring, compassionate and efficient. Some of my divorcing friends have not been so fortunate. In my mind, you are the best family lawyer in Brisbane. If anyone I know needs a good family lawyer, I will tell them to speak to you. Thanks again.

B.T., Clayfield
Many thanks for your assistance – life is now great – I’m moving on.
J.K., Mansfield

Michael Lynch Family Lawyers are easy to deal with, and your systems are good.

D.T., Ferny Grove
I was guided through a really difficult time with expertise of Michael Lynch Family Lawyers. I am more than happy with the outcome of mediation.
J.H., Windaroo

My solicitor is a good listener. My documentation maintained the high moral ground.

S.S., Hamilton
Your newsletters are great, I appreciate them.
K.B., Carina

Thank you very much to everyone at Michael Lynch Family Lawyers. Thank you for helping me get my life back and make a fresh start. To have that fresh start without fear and anxiety is priceless.

A.A., Perth
Thank you for the outstanding legal advice you have provided and professionalism in which you conduct yourself. I am truly thankful that it was you who represented me.
M.T., Stafford