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Has anyone won an Ex Parte when it comes to Coronavirus (Covid 19)?
Anonymous7 views5 answers
I have been denied physical access (we occasionally teleconference) to my child for over a month due to supposed coronavirus concerns. I do not have coronavirus, I tested negative, the ex is using the pandemic as an excuse to keep me from my child knowing that the courts are in disarray. The ex is violating the court order. It appears a lot of people are in my situation. Are the courts seeing people (ex partes) who have been denied access to their children due to coronavirus? Has anyone won back access in court to their child? What punishment are these violators getting?
The fact that the COVID crisis is happening is not, in and of itself, a valid reason to deny a parent visitation or custody time. There would have to be specific facts (like you're sick with a fever, or someone in your household is) in order to validate her claims. You are entitled to your visitation and should file an Ex Parte hearing ASAP if your ex won't cooperate.
There is no punishment for your ex--that's not how this works. All the court will do is order that your visitation take place as it normally would. I would, however, request make-up visits, if you are able to have the child more.
Covid-19 crisis and stay at home order are not reasons to deny visitations. Many parents have been using it as an excuse, which is not right.
The question is if you have a current child custody and visitation order. If you do and your Ex refuses to follow it then you can call and involve the police.
If you don't have a current order and have a family case number then you can go to the court and ask for an Ex Parte order asking for visitations with your kid.
I agree with my colleagues, COVID-19 should not be used as an excuse to deny visitation. Unfortunately, a lot of people take advantage of this situation because, as you noted, the courts are closed and they do not take Ex Parte filings for custody/visitation violations. You have to wait until the courts will re-open and file Ex Parte shortening time for your FRO for modification of custody, because when one parent withholds the child from another parent, the Court may consider it as a "change of circumstances."
Call law enforcement to assist you at the next court ordered exchange. File a police report for every time she violated the order and denied you contact. File a contempt action for every time she denied you contact with the child. Contact an attorney to assist you.
I agree with my colleagues. I have participated in State of the Court addresses and Town Hall meetings in which Judges have expressly stated that the pandemic is not grounds for withholding a child and that if a parent does this, the court will consider their actions in later hearings regarding custody and visitation. The Court must consider, when making orders on custody, which parent is the parent most likely to ensure the "frequent and continuous" contact with the other parent.
