How is Coronavirus Affecting Parenting Time in Oregon?
As you well know, the COVID-19 pandemic has completely altered the way that we live. Enhanced hygiene considerations, wearing masks in public and retail spaces, remote learning for students, and even remote work for many professionals means that we’ve had to more deeply consider behaviors that would otherwise be almost involuntary in nature.
People are creatures of habit. We easily fall into routines. Even when we experience change, we tend to adapt, and then fall into a new routine or revert to the old one. While the dissolution of a marriage can cause a great deal of strife for those affected, new routines are established, some by practice and some by court order.
When it comes to the coronavirus pandemic, we’ve been advised to limit our contact to those in our own households as much as possible in order to limit the spread of the virus and keep our community safe. We know that every household faces a different set of challenges when it comes to battling the virus, and those families whose marriages are dissolved or are parenting from separate homes are certainly no exception.
Unless we’re talking about folks who are self-disciplined enough to have maintained the strictest of standards, we’re really talking about two distinct but overlapping bubbles: separate households, differing professional obligations, and possibly two different sets of beliefs about how to be safe during a public health crisis. But there’s parenting time to abide by. So let’s explore on a legal level and a co-parenting partnership level how you can successfully stick to the plan, maintain a respectful co-parenting partnership, and keep everyone safe and healthy!
Parenting Time During Coronavirus In Oregon: What the Law States
In the eyes of the Circuit Court of the State of Oregon’s State Family Law Advisory Committee, parents should continue to follow their existing parenting plan as closely as possible. Remember that the goal of any parenting plan is to establish what is best for the child, and consistency lies at the heart of that plan. Though COVID-19 complicates matters, striving for that consistency in spite of the challenges will ultimately be better for your child.
Can parenting time be denied due to coronavirus?
The court does not believe that coronavirus concerns are a valid reason to deny either party court-ordered parenting time. Though these are unusual times, these new day-to-day considerations, such as wearing masks in public spaces; frequent, thorough handwashing; and social distancing fall under the “day-to-day aspects of parenting” that parents are deemed fit to manage.
Does coronavirus affect vacation times, such as holidays or spring or summer breaks?
While the nature of school for many is a remarkably different experience due to remote learning or other restrictions occurring district to district, this new approach to school does not mean that parenting time orders change. The direction here as outlined by the court is that the mandated parenting plan should be followed as though school is being attended in person. While the physical location of your children’s school may have changed, the school break schedule has not changed. Nor should the parenting plan.
How does the Governor’s order on travel affect my parenting plan?
We understand the potential confusion that his order has caused, as it advises a restriction of travel outside of essential activities. However, essential activities typically include those related to caregivers for dependents, family members, and minors, which, of course, would also be inclusive of parenting time. So, unless there are new and more restrictive Executive Orders issued by the governor, co-parents should be advised to stick to their parenting plans.
Our parenting plan includes supervised parenting time. How does COVID affect this?
The pandemic has complicated the nature of supervised parenting time. There are instances where supervisors are unavailable to attend parenting time for families due to health, safety, or professional concerns. So what do you do if your regular parenting time supervisor is unavailable? The recommendation is for all parties to work together to either find an alternate supervisor, use virtual video tools, or other means that support consistency, safety, and well-being for the child.
Relatedly, some parenting plans outline parenting time that must occur in public places. Prior to COVID, the state of Oregon and Multnomah County’s many parks and playgrounds made this relatively simple. Unfortunately, these are also considered places containing high-touch surfaces, which under current restrictions should be avoided. That said, there are many alternatives such as hiking and other outdoor activities that can be enjoyed while maintaining appropriate social distancing guidelines. If these choices don’t work for some families, then virtual options should be considered.
I’m concerned about how our exchanges occur and my co-parent’s transparency regarding safety. What do I do?
Many families who are co-parenting children have established specific places where child exchanges occur, like at restaurants or other gathering spaces that might be affected by the current Executive Order. Similarly, parents have expressed concern over what they feel is a lack of transparency regarding their co-parent’s observance of health and safety recommendations. So what do you do? Regarding exchanges, the recommendation is to find a neutral and safe outdoor space like a grocery store parking lot.
The transparency aspect is a little trickier. Parents should be communicating openly and honestly about their household and personal safety measures. However, parenting time can’t be denied due to a lack of transparency on the subject. Despite the stresses associated with this current environment, maintaining consistency and making decisions that best benefit the child’s well-being are of the utmost importance.
Matters of concern need to be handled between co-parents whenever possible. Legal counsel can provide guidance should it prove impossible to come to amicable resolutions between co-parents. First responders should never be contacted unless there are true emergency situations taking place. This sounds extreme, but it does happen from time to time. Don’t do it.
A COVID-19-related issue caused me to miss my parenting time. Can I make it up?
Yes, and the expectation is that parents should work together in order to make up for the missed time and get the child back to a more consistent schedule.
Co-parenting in the time of coronavirus: the bottom line
We recognize that this has been a stressful time for everyone. Our children are sponges for the stress that we experience. And, just like we’ve had to spend the majority of 2020 adapting to a throng of challenges, they too have had to experience a year unlike any other. That’s why it’s crucial that they have a supportive and consistent foundation in their lives, so that no matter what obstacles the world throws at them, their homes give them a level of predictability.
If you are in need of guidance related to divorce, child custody, or parenting plans, then DBMA Family Law Group is here to assist you!
Our team is respected for our expertise in Oregon Family Law, our clarity and promptness in how we communicate, and for our effectiveness in helping families create the best possible outcomes. Contact us today for your initial consultation!