Parental rights remain unchanged
The answer to the question is no. The state of emergency does not mean a change in parental custody, alimony, or contact. But let’s see what questions arise.
Measures ordered due to the emergency
In order to prevent mass illnesses during the coronavirus pandemic and to slow down the spread of the epidemic, a so-called social distancing is justified: it is desirable to stay at home if possible with minimizing personal contacts.
In the case of divorced parents, children commute between the two households at shorter or longer intervals, so a cooperation is expected from both parents to adapt to health recommendations, but the emergency does not mean a change in parental custody, maintenance, or contact.
Parental responsibility is exercised the same way by the caring parent or, in the case of joint custody, by the two parents jointly. Visitation schedule does not change, nor can the amount of maintenance be changed unilaterally by one parent.
Of course, it is possible for the parents to agree upon any change, even for a transitional period. In family situations dispute settlement is always the most optimal solution anyway, and the current situation further reinforces the role of parental cooperation. Parents cannot avoid agreeing on key issues, such as the precautions taken to protect the child and the whole family to prevent the illness, and they must discuss what to do if either the child or the parent, or both parents become ill or is hospitalized or quarantined.
Courts operating with some rerstrictions
Typically, divorced parents cannot easily communicate with each other and turn to a lawyer in the event of a dispute. Family law does not have special rules for this coronavirus emergency, we have to start from the general rules.
If the parents exercise joint custody but are unable to reach an agreement on an issue, the guardianship authority decides on that issue.
If a parent does not allow the child to keep in touch with the other parent and visitation schedule cannot be realized the other parent may go to court to request law enforcement.
Litigation can be initiated during pandemic times too if necessary. The courts have not stopped, but it is important to know that they are currently operating with restrictions. Claims can be filed, lawsuits are prepared in writing, there is no personal hearing at this stage. Extraordinary and interim measures are taken by the courts, but hearings are held primarily by electronic means, by remote hearing.
There is a convenient way to prepare to file a lawsuit by minimizing personal contact between a lawyer and a client using any online platform (video chat). The lawsuit is filed electronically by the attorney. You can consult me here if you have a family issue>>