COVID-19’s Lasting Family Law Effects
This article was penned by guest author Jawaid Hamidzada.
COVID-19 has affected aspects of our communities in more ways than we realize. The pandemic has brought with it a multitude of issues that will not be easily mended—including for our court systems. As the number of confirmed COVID-19 cases and deaths continue to rise, the court has been forced to proactively delay and postpone a majority of family law cases including child custody and divorce matters.
Non-emergency Cases Reopened
As of now, non-emergency cases are gradually reopening in Minnesota under the order given on May 15, 2020, by the Minnesota Supreme Court. However, even with the gradual reopening and reimplementation of in-person proceedings, pressure continues to build as new and unforeseen issues arise from the hardships of COVID-19. Specifically, the backlog of cases. To help mitigate the gradual reopening, a large percentage of courts have begun using communication applications like “Zoom” for emergency hearings such as cases involving domestic violence or restraining orders. However, this mitigation is still not enough, and a backlog of these cases is expected. According to Jay D. Carlson, chief judge for the Seventh Judicial District, since March an estimated 570 trials were canceled or postponed in the district. Stearns County alone saw a cancellation and postponement of over 150 cases. According to State Court Administration, every district court judge in Minnesota would need approximately 128 hours each to address the current backlog and there are nearly 300 district court judges in Minnesota.
Divorce and Co-Parenting during COVID-19
While this year has brought to the forefront new issues that have never been faced by the court system, new issues will also continue to appear until COVID-19 is dealt with and, even then, the future implications are not fully understood. One new issue, for example, involves divorce and co-parenting. Because of COVID-19’s negative impact on the economy and employment, those seeking divorce may find it more beneficial to wait. Not only are courts struggling with the sheer number of cases which may cause delays, waiting may be beneficial for other reasons. For some, their marriage partner is their only means of healthcare and if they were to divorce, they would lose that benefit. This was already a difficult matter to navigate for some, and with COVID-19 rising, the implications of losing health benefits have become compounded and much more dire. In 2015, Minnesota Department of Health reported that 4.9% of the population were uninsured and 23.8% were on Public Healthcare.
Co-parenting has also become much more difficult during COVID-19. While schools have resumed classes, the learning environment for many is still online. Now parents are not only responsible for navigating their own work from home, but that of their children’s learning process. While the online learning platform is difficult to navigate for many, it can be impossible for those in a co-parenting situation. There are unforeseen costs, both financially and emotionally. Fortunately, the IRS reopened the registration period for federal beneficiaries who did not receive $500 per child payments in 2020.3 In addition, on October 5, 2020, the IRS extended the Economic Impact Payment deadline to November 21, 2020.4.
Domestic Violence Increased
Domestic violence incidents have continued to rise during the pandemic. In Minnesota, calls to the Day One statewide crisis line were up 21% during the first month of the stay-at-home order compared to last year. Meanwhile, reports to Minneapolis Police were down by 26%, but the incidents reported were more violent.5 While the increase in domestic violence was somewhat predictable, the dramatic drop in reports of abuse was not. The National Domestic Violence Hotline, which typically receives up to 2,000 calls per day, reported that during a 14-day period in March, 951 callers attributed the abuse to COVID. The reports show that the abuse is becoming both more extreme and more prevalent as partners are faced with the pressures of COVID-19. Spouses and partners are beginning to report that their abusers are using COVID-19 as a tool to tighten their abusive grip. Many people have found it difficult or unsafe to make the call to the National Domestic Violence Hotline because they are in close proximity to their abusers. Sadly, partners are not the only ones experiencing an increase in domestic violence. As schools close, children are forced to stay home and the pressures of providing for a child during a pandemic has caused worry for the U.S. Department of Health and Human Services as they note a 30 percent drop in child abuse reports. “The abuse is still happening, it’s just not being seen,” said Rich Gehrman, executive director of Safe Passage for Children of Minnesota.6
As we all continue to navigate the continued fall-out from the pandemic, RAM Law is available to help. If you have questions or concerns regarding family law matters involving domestic abuse you or your child have may have been victim to, call the attorneys at RAM law PLLC for a free consultation.
NATIONAL DOMESTIC VIOLENCE HOTLINE: 1-800-799-7233
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