Currently, clients’ questions are directed to whether judgments are in effect and what about parent-child contact in times of emergency. Even during a declared state of emergency, judgments remain in force, including judgments relating to custody of minor children, child support and parent-child contact.
With regard to parent-child contact, even the current precautionary measures are not yet grounds for interrupting contact (unless the parents agree otherwise), because of a parent’s general fear of Sars-Cov-2 disease, or because of a parent’s allegation that the other parent does not wash his or her hands regularly, does not use disinfectant after each contact with an object, etc.
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Positive test for coronavirus
The situation is different if the receiving parent has tested positive for Sars-Cov-2, or is in a mandatory 14-day quarantine, or wants to receive the child without a veil, etc… In such a case, the specific contact cannot take place. For this is a similar case as if, for example, the child is ill or the parent who is to take the child is ill. It is therefore not in the interest of the minor child to have contact with the sick or potentially sick parent (quarantine).
If the contact is not implemented, it can be replaced, for example, by videoconferencing or by another application, so that the child’s contact with the other parent is maintained and normal contact can take place after the end of the measure without disrupting the emotional ties between parent and child.
Arrange…
Parents should currently try to reach an agreement and prioritise the child’s health. It should be remembered that even if a parent does not experience symptoms of illness, they may be ill and infect the child. The child may subsequently infect a caring parent who will be unable to care for the child afterwards, if not worse. The situation is stressful for everyone and especially for young children. It is in their interest that emotional ties should be maintained even when contact between parent and child is impossible, through various distance contacts (if face-to-face contact is not possible), so that normal contact can be resumed smoothly once the measures have passed.