Family Law Matters – Episode 69 -Covid Exposure

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(0:00 – 0:13)
Hello, everyone. I’m Dr. Michael Mantell welcoming you to another Family Law Matters with Bonnie Rabinovitch-Mantel, owner and managing partner of the Primus Family Law Group. Hi, Bonnie.

(0:13 – 1:42)
Hi, Michael. How are you doing today? And happy New Year. And a healthy, happy New Year to you as well.

Everyone’s doing well. Here we get to start a new year with COVID upon us still. Exciting, isn’t it? And all of its variants.

Now, I can only imagine what this is doing to your clients who are in the midst of separating, divorcing, figuring out what their responsibilities to each other, the children are. What can you share with us? You know, what I’m seeing a lot of, Michael, is parents having difficulty figuring out what is the right thing to do when one side has been exposed to COVID and the other side hasn’t. So for example, you have one side who may be exposed to COVID.

There’s COVID in the house. And the other side says, hey, I don’t want to send our kids over there because I don’t want our children that have to go to school to be exposed. And so when the other side gives a negative test, then I’ll share.

And all of a sudden, that creates arguments and rushing off to court because somebody’s violating a court order. Technically, that’s true, Michael. Technically, they’re supposed to exchange on such day.

(1:42 – 2:29)
And one parent has not exchanged on that day. But what we’re trying to understand, this is new for everybody. Let’s be a little bit reasonable here.

Reason. I don’t understand where that went out the window. But reason, regardless of what your political position is or whether or not you think A or B, you share children.

Children can get sick and they can transmit sick. Why would you want to expose your… So the point that as an attorney and a parent, I make is with reason. Understand that your other side is not trying to withhold the children from you.

(2:29 – 5:28)
They’re trying to ensure the safety of the children. I have a quick question. You gave the example where one side may have COVID and they don’t want the kids there.

So they want to send them to the other side who doesn’t. No, that wasn’t my example. My example was one side wants them back regardless of them having COVID at the house and are fighting to get their well children back into a sick home.

Right. That’s the point. So what does the court do? I know the court says, hey, things are different because of COVID.

So what are you finding the courts are doing? Well, the problem is, is that a lot of these people are running in on an ex parte basis, an emergency basis, and it’s not an emergency under the code. So the courts are also having difficulty with it. And I get, again, what I’m seeing is judges acting with reason.

Hey, how does it harm your children to stay at parent A a couple of days longer so you can get negative in household B? It’s not harming. In fact, it’s benefiting the children. What if that parent, though, doesn’t want that child? Yeah, I don’t have COVID, but I have plans to go away.

This is my time without the children. Sorry, make other plans. That’s also, well, again, it depends.

If that is the situation, does parent A have grandparents or somebody else who can have the children? If not, parent B needs to put on their big boy adult panties and step to the plate and take care of your children. Your message is very clear. Your message is very clear.

Take care of your children before you take care of yourself. I know we have to put the mask on ourselves to take care of the children. I get all that.

But your point is these are unusual times. These are stressful times. And you’re saying very clearly, parents, be reasonable.

And I know if people want to talk with you further about this, that you offer a free 30-minute consultation at the Primus Family Law Group. How can people be in touch if they want to connect with you on that? Well, if you want to reach out for a free telephone or Zoom consultation, we are in COVID. You can call us at 619-574-8000.

Or you can reach us online at www.PrimusFamilyLaw.com. There’s a form there that you can fill out that gets sent to us and we will reach back out to you. Your family-oriented culture comes blasting through your concern about let’s be reasonable and put children first. Bonnie, thanks again for a terrific, inspirational Family Law Matters this week.

Thanks very much and healthy new year.