Co-parenting with an abusive former partner always presents challenges, even during the best of times. But now, with a pandemic and stay-at-home orders, job losses and financial uncertainty, co-parenting has become even more challenging.
In both Cook and Lake Counties, the Chief Judges ordered that parenting plans are still in place and must be followed. Children should continue to see both parents and parents should follow Governor Pritzker’s stay-at-home order, which allows exchanges of children as essential travel.
Unfortunately, our clients have reported problems even with these rules in place. Abusers have refused to return the children, insisting it is for the children’s safety, even though there is no evidence of COVID-19 in clients’ homes. Conversely, our clients are concerned because they do not think the father is following the governor’s stay-at-home order or exercising proper hygiene to avoid the coronavirus.
Rosemary McKillip, SHALVA’s Legal Liaison, is advising clients to follow their parenting plans and that withholding children from parenting time is a violation of a court order. Either party can bring a motion in court via email and remote appearance to enforce the parenting plan. If clients have good, provable reasons to believe that going to the other parent’s home would expose their children to COVID-19, they should email the other parent their concerns and offer remote parenting time, via Zoom, FaceTime, or Skype. If our clients find that the other parent is unreasonably withholding parenting time, they can file a motion via email and remote appearance in court. If clients are represented by counsel, they should consult their lawyer before taking any action.
