03/18/2020
I've had several inquiries over the past few days wanting advice on what to do if separated parents can't agree on how to handle the Coronavirus pandemic as it relates to the kids. Maybe she is having friends over every day for playdates during the school shutdown, while you think that's a terrible idea? Maybe his new wife works at a hospital, and you are afraid to send the kids to his house for his scheduled time? As parents, we are all uneasy right now, and we all want to do what is best for our kids and our families. Sometimes we just disagree on what that means.
Usually, lawyers look to precedent (that is, cases that they have handled before or that the courts have ruled on in the past) to give an opinion on a current case or situation. While we don't have this option in regard to this virus specifically, there have been all too many cases where parents have disagreed on some general aspect of parenting or healthcare decisions. Courts generally do not like to second-guess parenting decisions, and typically allow each parent leeway to make day-to-day decisions while the children are in his or her care. In regard to health decisions, the court will typically give a lot of weight to the opinion of experts- in this case, your kids' doctor. If you have doubts or differing opinions between the parents, give your pediatrician a call to see what his or her advice is on playdates, or visiting the park, or visits with the step-siblings in mixed families.
I can say that this should not be used as an excuse to withhold access. Absent some specific threat or concern (for example, a household member having been exposed to the virus, or someone in the home showing symptoms), you likely would not be justified in denying access to the other parent. Not only would you be opening yourself up to a contempt finding and court sanctions, you may be doing damage to your child's relationship with his or her parent, and fueling the flames of panic and anxiety.
As difficult as it sometimes can be, its important to try to maintain (or keep working to build) open communication and trust as a coparenting team.
Stay safe!