As a follow-up to our last article, the Arizona Supreme Court has issued Co-Parenting Guidelines giving guidance on parenting time and parenting exchanges during the COVID-19 pandemic. These guidelines apply statewide in Arizona starting April 6, 2020 and last through at least the length of the “stay-at-home” Executive Order issued by Governor Ducey on March 30, 2020. Here are some general questions our office and other offices are receiving from clients matched with the guidance that has been given the Arizona Supreme Court.
Do I have to follow the current parenting time orders/schedule?
A previous statement from the Maricopa County Superior Family Court on April 1, 2020, clarified and issued some guidance on parenting time and parenting time exchanges during the Governor’s Executive Order and the COVID-19 pandemic. The court stated:
“As a general policy, the family department has concluded that allowing children to maintain regular access to each parent is in their best interests and the transporting of children for the start and end of each block of parenting time is part of the essential business that is authorized under the Governor’s Executive Order. While the facts of any given case shall dictate the result, it is the general view of the family department that existing parenting plan schedules remain in effect and enforceable.”
The Supreme Court went a little more in-depth and said, “[a] parent currently exercising parenting time/physical custody who is not entitled to it under the court-ordered parenting schedule must immediately return the children to the permitted parent.”
Can I modify my parenting plan schedule?
Yes, as long as the other parent agrees to the modification. Courts understand that families are having to make many adjustments due to the pandemic with schools and childcare facilities being closed. Parenting time also may need be adjusted to better meet the needs of the children and the families. However, if you and the other parent wish to deviate from your current parenting time schedule, make sure the agreement is in writing and we would advise you to at least have a family law attorney review the agreement before signing.
Can I keep the children due to the COVID-19 pandemic?
In additional to the above answer, the Supreme Court stated that “[t]he COVID19 pandemic is not generally a reason to deny parenting time.” Further the Court said, “Unless otherwise ordered by the Court, or exhibiting signs of illness, parents are considered fit to care for their children and make decisions regarding day-to-day aspects of parenting while children are in their care. This day-to-day care includes following federal, state, and local directives regarding social distancing and safety related measures (such as frequent handwashing)”
What about Spring Break, Summer Break and Holiday Parenting Time?
You should continue to follow the parenting plan/schedule as if the children were still in school. The Supreme Court affirmed “The closure of school for public health purposes will not be considered an extension of any break/holiday/vacation period or weekend.” The Court also said “While schools are closed, parenting time should continue as if the children are still attending school under the school calendar of the relevant district.”
Can I travel with my children for the parenting time exchange during the “stay-at-home” executive order?
Yes, the April 1st order from the Maricopa County Superior Court addressed this concern directly and said:
“[A]s it relates to parents being on the road for the purpose of transporting children under a parenting plan. Parents have asked whether they will be required to provide documentation if stopped by law enforcement. Pursuant to section 2e of Governor Ducey’s Executive Order, no person will be required to provide documentation to support their essential activities.”
What happens to the parenting plan if someone tests positive for COVID-19?
The Supreme Court advises “[p]arents should consider agreeing to modify existing orders temporarily including whether to suspend parenting time for a period of 14 days for any person who:
- Tests positive for COVID19 or shares a household with someone who tests positive for COVID-19;
- Has been advised by governmental officials that the parent, or someone with whom the parent shares a household, has been exposed to COVID-19, and has been directed by governmental officials to self-quarantine; or
- Has traveled internationally within the last 14 days, consistent with the CDC’s Global COVID-19 Pandemic Notice.”
Can I take my kids outside during my parenting time?
Yes, but only in accordance with the Governor’s “stay-at-home” Executive Order and the CDC recommendations for practicing safe social distancing.
Click here for the Arizona Supreme Court Guidelines