There are a number of exceptions to the stay at home rule imposed as a consequence of the COVID‑19 crisis (formally the New South Wales Public Health COVID‑19 Restrictions on Gathering and Movement Order 2020).
That order makes it unlawful to leave your place of residence unless you are obtaining food, goods or services, exercise, medical or caring reasons, or work and education which cannot be done from home. There are additional exceptions to the list of “excuses” and that includes undertaking legal obligations and ensuring contact between parents and children or siblings who do not live together. This may well mean parents who withhold children from the other parent on the basis of the restrictions may not have an arguable case for the defence of “reasonable excuse” in contravention proceedings (if that is the only reason why the order is contravened).
Contravening an order of the Family Court is a serious issue indeed, particularly if it impacts on the relationship between a parent and a child. We can advise on the steps that should be taken if you are even considering taking such a drastic step.
Tiyce & Lawyers – we are here when you need us.