In the legal world, things rarely happen quickly. But global pandemics don’t take their time, and so when the restrictions to address the spread of COVID-19 were put in place seemingly overnight, the legal system had no choice but to make changes as well. 

For lawyers handling family law cases, the changes came almost daily at first. There was a wave of postponed court appearances, as judges and court commissioners were told there would be no in-person hearings. The system adapted quickly, though, and at the time this article is being written, many hearings are being held over telephone and through video conferencing platforms like Zoom. To ensure public access to hearings, some courts set up live streams of court hearings over YouTube. As I’m writing this article, I am able to check in on the proceedings in Green County Circuit Court and could do the same with many other courts around the state.

Using videoconferencing, especially for a contested hearing, is a big departure from the way hearings have traditionally been handled, with lawyers and their clients seated at counsel table, able to confer as the case goes on. But just as technology provides the means to hold hearings while social distancing, it also gives us options for communicating while maintaining social distance. It’s not uncommon for lawyers to have their client connected by a private phone call or text messaging, separate from the connection to the court, to handle these conferences.

It is good to know that, even under extraordinary circumstances, the essential operations of our justice system remain in place. For me, though, what has been the most fascinating – and the most rewarding – is to watch as parents successfully work their way through the challenges that were dumped on them without warning. For many families, things shifted very quickly from “What does this mean for me?” to “What does this mean for the kids?”

One of the first responses to the pandemic was the order to close Wisconsin schools. The original announcement was that schools would be closed for a short period, and it came on the eve of many school districts’ spring breaks. Most parents have some placement arrangement for school breaks, so many parents simply followed their normal spring break schedule. However, it soon became obvious that the kids weren’t going back to school any time soon, so parents had to adapt to a “new normal” for an unknown length of time.

For parents who live fairly close to one another, the “new normal” might simply mean the shifting to a summer placement schedule or making new arrangements for shared child-care providers. However, for parents who live a substantial distance apart, things became more problematic.

Wisconsin, like most other states, sent a strong message in the “safer at home” order: travel for placement exchanges was considered essential travel, and with good reason. Both parents can play an important role in a child’s development, and so Wisconsin law says children have the right to regularly occurring and meaningful periods of placement with each parent. This can be especially important during times of great stress; it’s good to hear a parent’s voice over telephone or see them on the computer screen, but that’s not the same as the reassurance that comes from spending time with the parent.

Despite the uncertainty of the “new normal” most parents I’ve talked with were able to find a way to make things work. There were, however, things to think about that had never been an issue before.

The most notable concern was how to handle things if one parent’s situation presents a greater risk of infection. Obviously, if a parent tests positive for COVID-19, they should be self-quarantining, and that includes quarantining from the children. But how should parents deal with the situation where one parent works in the health care industry, and may be exposed to the virus at work: should that parent be spending time with the children?

The best guidance I could give parents in this situation is that every family’s situation is unique, and the parents need to communicate, and come up with temporary arrangements to work for the parents and for the children. The information I received from judges and court commissioners is that court orders remain the court orders, and parents are expected to follow them. If a parent decides to keep the children from placement with the other parent, for whatever reason, that parent should expect to provide makeup time sometime in the future and should keep the children in contact with the other parent in the interim.

With very few exceptions, the parents I’ve talked with during this difficult time have been able to work through things. A big part of my job has been to point them to resources to help them come up with that plan. Sometimes the answer could be found in the placement arrangement that is already in place; sometimes I sent them articles I had come across to help them sort things out; sometimes it was helping them talk through their concerns so they could articulate them with clarity. Because court time is in very short supply right now, very few of my older cases needed the intervention from a judge or court commissioner.

For newer cases – – those where there has not been an order in place before now – – parents still have access to a mediator. Although mediation usually works best when the parties and the mediator can all meet together to discuss the matter, the same telephone and video conferencing platforms that the courts are using are also available for mediation. Most placement issues are worked out through mediation; that was true before the COVID-19 crisis, and it has proven true in the past few months, as well.

Throughout all of this, my role remains much as it always has been; part educator, part advisor, part coach, and part advocate. My job, as always, is to help parents draw up a parenting plan for their children that reflects their goals and values and provides for the best interests of their children.

This is never easy, and the COVID-19 crisis makes it more difficult. Things have not always gone smoothly for the families I served, but I have been impressed with how quickly most parents have found ways to keep things on track for their children. It’s something I’ve observed throughout my career; however, I’ve never seen things play out like this on such a broad scale.

When the crisis has eased, we will have time to reflect on who we have seen act selflessly and heroically. Many, many parents certainly belong on the list.