Attorney at Law
How does the EXECUTIVE ORDER 2020-21 (COVID-19) affect your Custody Order or Parenting Time Agreement?*
Executive Order No. 2020-21 outlines a specific exception for travel to comply with your current Custody or Parenting Time Order, see below:
Individuals may leave their home or place of residence, and travel as necessary:
To engage in outdoor activity, including walking, hiking, running, cycling, or any other recreational activity consistent with remaining at least six feet from people from outside the individual’s household.
[. . .]
Individuals may also travel:
[. . .]
As required by law enforcement or a court order, including the transportation of children pursuant to a custody agreement.
The Frequently Asked Questions section of Executive Order 2020-21 (Executive Order 2020-21 FAQs) helps to clarify how custody agreements are impacted, see below:
Q: How does this order impact custody agreements / how does this order impact parent’s visits with their children placed in foster care?
A: Individuals may also travel as required by law enforcement or a court order, including the transportation of children pursuant to a Friend of the Court custody agreement under section 7 (b) (3) of this order. Court ordered parent child visits related to a child custody arrangement continue but these visits need not always be in person. Alternatives including telephone and videoconference are acceptable.
Visits between a child and parent while a child resides in foster care are limited to telephone and videoconference or other technology. Limited exceptions can be made if there is risk of severe psychological harm. Exceptions must be approved by the Executive Director of the Children’s Services Agency. In person visits at a Child Caring Institution need not occur unless a court order requires in-person contact to occur and if it can be safely facilitated.
* Please note that Executive Order 2020-41 (COVID-19) extends Executive Order 2020-21 until April 30, 2020, with additional clarification and continues the custody exception:
12(b) Individuals may also travel: [. . .] 4. As required by law enforcement or a court order, including the transportation of children pursuant to a custody agreement.
MAYFIELD LAW, PLLC Coronavirus Disease 2019 (COVID-19) Response:
COVID-19 Updatre 03/23/2020: Due to State of Michigan Executive Order 2020-21 (COVID-19), MAYFIELD LAW, PLLC, will comply with this Order by operating from home, filing pleadings and motions electronically or by fax. Our office location will be closed until further order by the State of Michigan, please do not appear in person to the office location. Please call us at (616) 834-2818, or email us at firstname.lastname@example.org.
COVID-19 Update 03/19/2020: Please note that the Michigan Supreme Court issued an order on March 19, 2020, ordering the state’s trial courts to “limit access to courtrooms and other spaces to no more than 10 persons, including staff, and to practice social distancing and limit court activity to only essential functions.” This requires that “all trial courts must take immediate action to protect the public and court personnel by limiting activity only to essential functions.” Essential court functions as it relates to our practice includes “critical issues regarding child support and child custody.” The order also provides courts with additional flexibility to conduct business using technology such as video and phone conferencing.
COVID-19 Update 03/16/2020: Please note that MAYFIELD LAW, PLLC is operating and has shifted to phone conference while the COVID-19 Pandemic is present.
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MAYFIELD LAW, PLLC is here to serve our community, focusing on primary issues of family law issues, including divorce, child custody, parenting time, and child support.