Brooke N. Murphy

San Mateo County Superior Court Releases Best Practice Recommendations for Parents Sharing Custody and Parenting Time During COVID-19

COVID-19 has presented a new set of challenges for parents sharing custody and parenting time. Shelter-in-place orders, school closures, job losses, and limited family court operations have complicated parents’ ability to interpret, follow, and enforce court-ordered parenting plans.

On April 13, 2020, the Family Law Division of the San Mateo County Superior Court provided nine best practice recommendations for parents sharing custody and parenting time during the COVID-19 pandemic.

The goal of the Court’s recommendations is to encourage parents with shared custody orders to continue to follow their parenting plan as closely as possible. During these uncertain times, it is critical that parents are flexible, transparent, and collaborative, as doing so will ensure a level of consistency and stability that is in the children’s best interests.

The nine best practice recommendations include:
1. School Closures. Parenting time should continue as if the children are still attending school in accordance with the school calendar of the children’s school district.
2. Denial of Parenting Time. COVID-19 is generally not a reason to deny parenting time.
3. Parenting Time in Public Places. If there are no open parks or recreation areas where parents and children can maintain social distancing and avoid commonly touched surfaces, then parenting time should be conducted virtually via videoconferencing or telephone.
4. Supervised Parenting Time. If the supervision provider is unavailable due to COVID-19 related issues or government orders, the parents should work collaboratively to ensure parenting time continues to occur in a manner that promotes their children’s safety and well-being.
5. Governor’s Executive Orders Regarding Travel. Parents whose custody orders require out of state travel or travel outside of the 9 Bay Area Counties for custodial exchanges should work collaboratively to determine whether such travel is currently advisable or should be rescheduled in light of local health conditions where visits are scheduled to occur and the potential for COVID-19 related travel disruptions.
6. Exchanges. During the exchange of children, all parties should follow CDC guidelines and local health officer directives for limiting the spread of the virus.
7. Transparency. Unless parties are restrained from communicating with one another by court order, parents are encouraged to communicate with one another about precautions they are taking to slow the spread of COVID-19, and about potential exposure to the virus within their own households.
8. Makeup Parenting Time. If parenting time is missed due to COVID-19 related issues or government orders, parents are encouraged to work collaboratively to schedule makeup parenting time.
9. Flexibility. If COVID-19-related changes to a parent’s employment or health situation make current custody orders impractical, parents are encouraged to work together to reach agreements to modify those orders in the best interests of their children.

The complete recommendations can be found at the link below: https://www.sanmateocourt.org/documents/court_news_and_notices/041320a.pdf.

What Is an Emergency Screening?

An Emergency Screening is ordered to assist the court in determining the health, safety, welfare, and best interests of the child regarding the current emergency related to child custody and visitation.  An Emergency Screening is an urgently needed and time limited examination conducted by an investigator from Family Court Services, focusing on emergency issues and resulting in written recommendations to the court.

When Is an Emergency Screening Appropriate?

Emergency Screenings are a limited resource which should be reserved for cases involving true emergencies pertaining to a child’s immediate health, safety, or welfare.  The court will send a case to an Emergency Screening only if it is necessary due to an imminent risk to the child.

Pursuant to the Guidelines, an Emergency Screening is appropriate when:

• There is evidence that the child may have been abused, neglected, or endangered;
• There is evidence of child abduction or legitimate concern related to potential child abduction;
• A parent is denied access to the child and there is no visitation order;
• A move away issue is related to the emergency safety issues;
• There is significant evidence that the child is suffering severe ongoing distress related to the existing time-sharing arrangements;
• A parent is severely developmentally or psychiatrically disabled and the judge is therefore unable to determine an appropriate temporary time-sharing arrangement; and
• Medical neglect that endangers a child.

What Happens at an Emergency Screening?

Before the Screening:  Each party may submit documents, certificates, photos, records, letters, etc. to the screener so long as everyone in the case has been given a copy.  A signed declaration made under penalty of perjury or a copy of a proof of service is required.  The limit for documents is 15 pages.  Attorneys will meet with their assigned screener for about 15 minutes.  Counsel will have the opportunity to tell the screener what they allege is a safety concern, deny is a safety concern, and feel would be best for the child.

During the Screening:  First, the screener will interview the parents.  Domestic violence victims are entitled to have separate interviews and may have a support person attend the screening.  The screener will then review the court file and selected documents or materials related to the emergency issues.  The screener will:  (1) conduct criminal record checks on all adults living in the home; (2) conduct a Child Protective Services history check; (3) interview the child(ren); (4) observe the child(ren) interacting with the parents or other family members; (5) interview other family members or witnesses by phone or in person; and (6) collect additional data from school, daycare, physicians, police, etc.

After the Screening:  Upon completion of the Emergency Screening, the screener will present written recommendations to the parents, attorneys, and the Court.  If both parents agree to the recommendations, they will become court orders.  If either parent does not agree with the recommendations, they will be presented to the judge and the parents will have a short hearing at the conclusion of which, the judge will make immediate, temporary orders related to child custody and visitation.

For more information about Emergency Screenings, please visit https://www.scscourt.org/court_divisions/family/fcs/fcs_home.shtml or contact a family law attorney who practices in Santa Clara County.