We now have a combined Practice Note, and the previous practice notes from the Family Court and the Federal Circuit Court have been rescinded.

So what has changed?

Most importantly, we can now sign electronically.  See at Point 9 - 

"Documents, including affidavits, financial statements and consent orders, required to be signed under the Family Law Rules 2004 or the Federal Circuit Court Rules 2001 may be signed electronically by the deponent and/or the lawyer on the record for that party, including by having the person signing the document type their name in the relevant space in the signature block in lieu of physically signing the document."

Please note that this does not apply to Divorces.  There are other Covid-19 changes too, you can read about those changes by clicking on the button.

The Media Release of course says many other things and so it is important to read it to respond to suggestions from clients.  Some things to be emphasised include:

• Consistent with their responsibilities to act in the children’s best interests, parents and carers are expected to comply with Court orders in relation to parenting arrangements. This includes facilitating time being spent by the children with each parent or carer pursuant to parenting orders.
• It gives specific examples of potential problems such as state borders being closed, a parent having been exposed to Covid-19, or the pick up location being closed. 
• If the parties are unable to agree to vary the arrangement, or if it is unsafe to do so, and one or both parents continue to have real concerns, the parties are at liberty to approach the Court electronically and seek a variation of the orders.
• At all times, parents or carers must act reasonably. To act reasonably, or to have a reasonable excuse for not complying with Court orders, is a matter that is considered by the Court (pursuant to s70NAE of the Family Law Act 1975 (Cth)).

The above mentioned Media Release from the Family Court invites families to enter into new arrangements for the children.  These new arrangements do not seem to accord with reason 13 cited in the Covid-19 legislation.  Perhaps this is unintentional.  Perhaps it is intentional, so that families cannot make changes (like changing over with extended family members present to 'supervise', or in a public place where the children otherwise could not visit).

It is, in any event, critical that you get your clients to document clearly any changes.