Fifth Judicial District: Guidelines regarding custody/visitation during the Covid-19 Pandemic

MARCH 31, 2020

RE:    FIFTH JUDICIAL DISTRICT:  Guidelines regarding custody/visitation during the Covid 19 pandemic

Parties are encouraged to follow their parenting plan as closely as possible, as doing so will ensure a level of consistency and stability that is in the children’s best interests.

While the schools are closed, parenting time shall continue as if the children are still attending school in accordance with the school calendar of the relevant district.    The closure of the school for public health purposes will not be considered an extension of any break/vacation/holiday period or weekend.

“Spring break,” “summer break/vacation” or other designated holidays, means the regularly calendared breaks/vacations or holidays in the school district where the children are attending school (or would attend school if they were school aged).

Denial of Parenting Time: COVID-19 is not a reason to deny parenting time.   Unless otherwise ordered by the court, parents are considered fit to care for their children and make decisions regarding the day-to-day aspects of parenting while the children are in their care. This day-to-day care includes following health directives regarding social distancing and sanitation-related measures (such as frequent hand-washing).

Parenting Time in Public Places: If the parenting plan states that parenting time will occur in a public place, parenting time should continue at locations that are permitted under the health and safety guidelines, such as a large park or nature trail.   Public places where people routinely touch common contact surfaces (such as play equipment) should be avoided. However, activities where parents and children can maintain social distancing and avoid such surfaces are encouraged. If that is not possible, then the parenting time should be conducted virtually via videoconferencing or by telephone.

Supervised Parenting Time: If parenting time is ordered to be supervised, and the supervisor is unavailable due to COVID-19-related issues or government orders, the parties should work collaboratively to ensure parenting time continues to occur in a manner that promotes their children’s safety and wellbeing, such as finding an alternative supervisor. If that is not possible, then the parenting time should be conducted virtually via videoconferencing or by telephone.

Exchanges: During the exchange of the children, all parties should follow the CDC guidelines for limiting the spread of the virus, which may mean choosing an alternate location for the exchanges that has less people congregating and less touching of public items (changing from the restaurant to the grocery store parking lot for example).

Safety-Related Issues: Our first responders must remain available for true emergencies and for support related to the COVID-19 outbreak. Please do not call them for parenting-related disputes but rather only in the circumstances of real, immediate, and significant safety-related reasons.

Transparency: Unless the parties are restrained from communicating, parents are encouraged to communicate about precautions they are taking to slow the spread of COVID-19. A parent is not permitted to deny parenting time based upon the other parent’s unwillingness to discuss their precautionary measures taken, or belief that the other parent’s precautions are insufficient.

Note: This was released 3/31/2020 by the Family Court Administrator for New Hanover and Pender counties.  This guidance may not apply to other counties in North Carolina.  Check with your attorney.