Custody orders are often difficult enough as it is without throwing a pandemic into the mix. Divorce is wrought with emotions, concerns, and, all too often, manipulative actions. Shared custody during lockdown poses unique challenges, especially if parents have different views on what is safe for their child.
Unsure about how to manage your child custody agreement during the lockdown? Here are some things to think about that might help.
Quarantine's impact on the parenting plan
Shared custody conflict resolution
It’s important when conflict arises that the courts may refer to things as "co-parenting," but you are often working in a "parallel parenting" plan when disagreements arise. Ultimately you can’t control what happens at your ex’s home unless it puts your child in danger.
Many courts are currently closed or only have emergency caseloads. If you have a problem with the custody schedule — maybe your ex doesn’t bring your child to the exchange and is in contempt or is taking the kids to the park to play with friends unprotected — you will need to file a motion of contempt or an order to show cause.
Tang reminds us of what courts do to resolve issues of custody withholding, “If your spouse continues to withhold the children, you may need to seek court intervention for the visitation abuse. In Illinois, penalties for visitation abuse may include ordering the non-complying parent to provide makeup time, imposing civil fines, or requiring cash bonds to ensure future compliance.”
Just remember that if you have to go to court, make sure you have the evidence to back up your claims. The courts are working with limited resources during the lockdown as well and won’t have the patience for what might seem like petulant squabbles. When possible, appeal to your ex’s love for your child and hope that everyone can work with the child’s best interest at heart.
