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Family Law update: What constitutes an ‘ordinary place of residence’ for a child during ‘stay at home’ restrictions?

Apr 3, 2020

As the COVID-19 crisis unfolds, KCL Law continues to be at the forefront of changes that impact our clients and their families.

In light of the recent Stage 3 ‘stay at home’ restrictions imposed by the Victorian Government, the Deputy Chief Health Officer has released Directions pursuant to section 200(1)(b) to (d) of the Public Health and Wellbeing Act 2008 to clarify what constitutes someone’s ‘ordinary place of residence’.

Of particular relevance, the Directions provide that if a person has more than one premises at which they ordinarily reside, including a child under a shared parenting arrangement, each such premises is taken to be the person’s ordinary place of residence for the stay at home period.

Accordingly, parents should continue to make every effort to abide by parenting arrangements that are governed by Court Orders. A party may be in breach of Court Orders if they do not have a ‘reasonable excuse’ for breaching the order.

More information

For more information, or advice on any family law-related matter, please contact Rebecca Goldman, Principal Lawyer, on (03) 8600 8838 or rgoldman@kcllaw.com.au, or Dominique Mavroyeni, Senior Associate, on (03) 8600 8812 or dmavroyeni@kcllaw.com.au.

Author

This Family Law update was authored by Dominique Mavroyeni, Associate.

Note: This update is a guide only and is not intended to constitute legal advice.