The Pandemic’s Effect on Family Courts

 This post is from Matthew Meadows, current Regent Family Law student:

 

We all know the physical difficulties that the Covid-19 pandemic has brought us. What many do not see is the effect the pandemic has had on our court system, especially the Juvenile and Domestic Relations Courts.

 

While the stay-at-home orders were necessary for flattening the curve of the virus, it meant that families were going to be around each other far more than usual. For some, this was great, but for others, this posed serious concerns. In Chesterfield County, Virginia, these effects have been noticeable. Laura Griffin, the Chesterfield County Clerk of Court for Juvenile and Domestic Relations (JDR) stated that overall, case load was down during the pandemic, but protective order requests were up around 10%. Interestingly, Ms. Griffin noted that most requests for an emergency hearing were due to one parent saying the other parent was acting dangerously with their children by not making them wear masks in public or going out to eat instead of getting take-out. Ms. Griffin noted that the judges did take these factors into account when making their final decisions. Additionally, Guardians ad Litem were not able to have in person meetings, and many court proceedings had to take place via zoom or phone calls.

 

Judge Duncan Minton from the JDR Court in Chesterfield County, stated that these were real issues that had impacts on court proceedings. Judge Minton stated that the zoom proceedings were difficult because he was not able to get a full read on the parties and he was unable to take notice of body language and other factors that judges typically take notice of in the courtroom. Further, Judge Minton stated that during these proceedings, parties will typically bring in friends or family for moral support. However, due to the pandemic, these parties are unable to have that support system with them during one of the most stressful times of their life. Lastly, Judge Minton stated that the pandemic has in a sense taken away people’s right to a public hearing. Court hearings are supposed to be public, but because of limitations on who is allowed in the virtual courtroom some of those constitutional rights to a public hearing are lost.

 

In sum, despite the limitations that the pandemic has brought to the JDR court system, they have done an excellent job of managing the various cases that have come through. When other institutions have closed, the courts have remained open and done a very good job of serving families and trying to preserve and restore family systems where possible.