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.
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