LOCKDOWN: I believe courts will adopt common sense on joint custody - lawyer
The Afternoon Drive team has received questions from parents who have joint custody of their children on how to navigate having access to their kids over the Covid-19 lockdown period.
Joanne Joseph spoke to family law attorney and founder of Scalco Attorneys Inc Clorinda Scalco to find out what parents can do during this period.
Scalco says while there is some confusion despite a directive being issued that parents can continue contact with their children over the 21 days.
Scalco says Social Development Minister Lindiwe Zulu suggested that parents adopt a practical and responsible attitude and indicated that it would be preferable if the child remains in the care of the parent with whom they find themselves during the lockdown.
I know everybody is upset and emotional. It is really uncharted territory but on a personal level I do believe everybody has an obligation to act in the best interest of the children.Clorinda Scalco, Family law attorney and founder of Scalco Attorneys
There was an indication at some stage that if you've got a court order in place, i.e you divorced and you have got a parenting plan or a settlement agreement, that you carry that with you, explain your situation, show your essential services permit and drop the children off at the other parent but there is really not much clarity at the moment.Clorinda Scalco, Family law attorney and founder of Scalco Attorneys
I think focus was more on lockdown, protect the people in South Africa as a whole and now we're finding all the little bits that in the rush were omitted to be given consideration. I don't think it was overlooked on purpose.Clorinda Scalco, Family law attorney and founder of Scalco Attorneys
Maybe in the next couple of days, people are trying to rush to court for urgent applications. I believe our courts are going to adopt a very common sense approach and say what is best for the children.Clorinda Scalco, Family law attorney and founder of Scalco Attorneys
Unfortunately we don't have proper direction.Clorinda Scalco, Family law attorney and founder of Scalco Attorneys
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