Family law during COVID-19
IntroductionThe COVID-19 emergency has had a big impact on the lives of families across Ireland. Currently Irish people need to stay safe, maintain social distancing and avoid environments where social distancing is not possible as much they can to minimise the spread of the virus.
The travel restrictions initially imposed created confusion and distress for many families. Many parents were and continue to be uncertain about legal issues relating to access and maintenance payments, while some are at risk of domestic abuse.
This document gives practical information and advice on family law issues during the COVID-19 emergency period, including:
- Access to children
- Maintenance payments
- Barring, safety and protection orders
- Operation of courts during the COVID-19 emergency period
- Services and supports available to people at risk of domestic abuse
You can also read about:
Access to children
The guidance was clear that those public health restrictions could not be used as an excuse to ignore a court order and that existing orders should be complied with as much as possible in the circumstances. However, parents should always make decisions in the best interests of the child involved, particularly if the child has a compromised immune system. While travel restrictions may have lifted, the principles for families with a person with a compromised immune system are largely the same.
The best outcome for children is for parents to contact each other to set out their concerns and suggest ideas for practical solutions that can be put in place. Any changes to existing court orders should be documented in a text or email so that there is a written record for future reference.
If matters can still not be agreed, the parties should engage in mediation in the first instance. The Family Mediation Service of the Legal Aid Board is continuing to offer free telephone mediation. You can also access a list of family law mediation solicitors.
Placement of children with relatives and temporary guardianship
You may be concerned about who will look after your children if you become sick. This might be of particular concern if you are parenting alone. In many cases, other family members will be able to help. From 12 May 2020, new temporary regulations (pdf) take effect for a period of 3 months to make it easier and quicker for a child to be placed with a relative by Tusla, the Child and Family Agency. Tusla must be satisfied that the immediate placement of a child in its care with a relative of the child is in the interests of the child.
Alternatively, if there is no obvious stand-in or where there is an important decision to be made in relation to the child, such as consent to medical treatment, it may be reassuring to have a plan in place.
Temporary guardianship can be granted by the District Court to allow another adult, known as the nominated person, to care for your child or children when you are seriously unwell or need be hospitalised. The nominated person must be a suitable person and over 18 years old.
You need to complete a special form to nominate a temporary guardian (pdf), in which you can set out your wishes on any limitations on the temporary guardian. The nominated person must then apply to the court if you cannot carry out your parental role due to serious illness. The scope of temporary guardian’s rights will be set out in the District Court’s Order, which will usually be identical to the wishes you set out in the form. The District Court is currently closed for general case hearings but if your case is urgent it will be heard.
Support organisations for families
Treoir, the National Federation of Services for Unmarried Parents and their Children, is also available to provide advice.Barnardos has launched a dedicated telephone and email service to support families through the pandemic, available on 1800 910123, 10am-2pm, Monday to Friday.
You can read more supports
for families during COVID-19.
The Law Society of Ireland has published advice on your options if you have lost your job or had your income reduced and can no longer afford to pay the child maintenance as set out in a maintenance order. Advice has also been issued by the Legal Aid Board.
You are advised to:
- Tell the person who gets the maintenance that you will not be able to pay the agreed amount of maintenance and explain why. This should be done before the payment is due, if possible.
- You should also send a letter to their solicitor (if they have one) explaining your position and include any available evidence that shows a change in your financial circumstances.
- You should consult your solicitor for advice, if possible, about an appropriate payment to make in the changed circumstances. You should tell your ex-partner (or the parent of your child) as soon as possible how much you intend to pay and try to reach an agreement with them.
- If agreement cannot be reached, you should pay what you are advised or believe is the appropriate amount in the circumstances and apply for an order to vary the maintenance as soon as possible.
The guidance also states that:
- Applications to vary maintenance should be lodged as soon as possible, for whatever return date is given, so that applications can be made to backdate orders.
- Where the person receiving the maintenance is in difficulty, their circumstances should also be considered.
- If there are any issues with making mortgage payments and other joint bills, you should communicate (through your solicitor or directly) with your former partner or parent of your child. Both parties should work together to notify banks or other third parties that there is an issue with payment of bills.
FLAC (Free Legal Advice Centres) has published advice for people having difficulty paying maintenance during the COVID-19 emergency period. You can call FLAC’s Information line on 1890 350250 or 01 8745690, Monday to Friday 9.30am-1pm and 2-5pm.
One-Parent Family Payment and Jobseeker’s Transition Payment
If you are getting a One-Parent Family Payment or Jobseeker’s Transition Payment and the other parent of your child has reduced or stopped their maintenance payment, you may be entitled to an increase in your payment.
To get an increase, you should contact your local Intreo Centre. You will need to write a letter stating either the reduced amount, or that you are no longer getting a maintenance payment and send it to your local Intreo Centre.
Your One-Parent Family Payment or Jobseeeker's Transition Payment will be increased for up to 12 weeks. After that period, your payment may be reviewed and your means reassessed.
Court offices are open by appointment only. Members of the public and legal practitioners will generally not be served at a court office without an appointment. To find out the most up to date position or to get an appointment, you can contact the relevant office by email.
The use of virtual remote court hearings, where appropriate has been seen in the past few weeks alongside a partial return to some physical hearings in a socially distant manner. It is hoped that additional physical and remote hearings will be organised in the coming weeks and the Courts Service is presently assessing the suitability of alternative venues. Adjourned Circuit and High Court family law issues that have been adjourned since March 2020, are being given a hearing date by the Court Office as soon as possible.
District Family Courts are beginning to deal with a wider range of cases. Regular business in the District Court is expected to resume as much as is safely possible from 1 September 2020. For the month of August, they will continue to deal with urgent cases involving domestic abuse and to process:
- New applications for protection orders
- New applications for interim barring orders
- Applications for emergency barring orders
- Extension of care orders and interim care orders and emergency care orders and exceptional or urgent interim care orders
If your safety order hearing is being adjourned an interim protection order will be extended to the new date.
You can email your court office setting out the reasons why the case should be considered urgent. You should email the person who you are claiming against or their solicitor to let them know you have applied and they must be given a chance to set out their position. You will be notified of the court’s decision by email. You can get contact details for offices on https://www.courts.ie/content/find-us
If you cannot afford to ask the Court for protection from an abusive spouse or partner or another family member, you can apply for legal aid. The Legal Aid Board has an emergency number for domestic abuse applications: 1890 615 200, from Monday to Friday between 10.00am to 12.30pm and from 2.00pm to 4.00pm.
Alternatively you can email your contact details to email@example.com and arrange a call-back, or you can make an application for legal aid online. You can also use the Legal Aid Board’s emergency service if Tusla has informed you that it intends to apply to the court to take your children into care.
Domestic abuse is violence or another form of abuse by a person against another person that they are, or were, in an intimate relationship with. The abuse may be physical, sexual, psychological, emotional or financial. Domestic abuse can affect children and other family members.
If you feel in immediate danger, call 112 or 999 as soon as it is safe to do so. The Gardaí are specially trained to deal with these situations.
Domestic abuse applications will continue to be given priority in the Court system, so if a protection or interim barring order is needed, you can still come to court.
The Legal Aid Board has published guidance on services in place to deal with domestic abuse during the COVID-19 emergency period.
The Department of Employment Affairs and Social Protection has also relaxed the rules on Rent Supplement to ensure that victims of domestic violence can get immediate access to the support for a three-month period. This seeks to assist victims who may be otherwise prevented from leaving their home because of financial concerns.
Many organisations have extended and adapted their services during the COVID-19 pandemic due to increased demand for support. You can access a full list of domestic abuse support services.
The ISPCC has a support line and hub for parents and carers as well as its 24-hour Childline and Teenline listening services for children and young people up to the age of 18:
- The ISPCC support line can be contacted between 9am-1pm daily
- Childline can be contacted by phone on 1800-666666, by text on 50101 and by live chat, and is available 24/7
- Teenline can be contacted by phone on 1800-833634 and is available 24/7.
If you are concerned about elder abuse, you can call the HSE helpline on 1850 24 1850, Monday to Saturday – 8am to 8pm. If you feel in immediate danger, you should contact the Garda. For further information please consult the HSE’s website on elder abuse or visit Safeguarding Ireland.
Safeguarding Ireland has also published guidance about protecting older people from financial abuse during the emergency period.
Where to apply