With COVID becoming a pandemic, I’ve received more than a few calls about parenting time. Specifically, what is the impact of Governor Pritzker’s Stay at Home Order upon parenting time?
The short answer is, it should not impact parenting time. Whatever order has been entered by the court will control parenting time. The Stay at Home Order does not supersede a valid court order when it comes to Essential Travel. Section (e) exempts travel required by a court order, specifically to move children pursuant to a custody agreement.
Parenting Time is Essential Travel
14. Essential Travel. For the purposes of this Executive Order, Essential Travel includes travel for any of the following purposes. Individuals engaged in any Essential Travel must comply with all Social Distancing Requirements as defined in this Section.Executive Order 2020-10 – March 20, 2020
a. Any travel related to the provision of or access to Essential Activities, Essential Governmental Functions, Essential Businesses and Operations, or Minimum Basic Operations.
b. Travel to care for elderly, minors, dependents, persons with disabilities, or other vulnerable persons.
c. Travel to or from educational institutions for purposes of receiving materials for distance learning, for receiving meals, and any other related services.
d. Travel to return to a place of residence from outside the jurisdiction.
e. Travel required by law enforcement or court order, including to transport children pursuant to a custody agreement.
f. Travel required for non-residents to return to their place of residence outside the State. Individuals are strongly encouraged to verify that their transportation out of the State remains available and functional prior to commencing such travel.
In the end, you have to follow the Stay at Home Order issued by the Governor as well as any court order in place for parenting time. Thankfully, the Stay at Home Order allows for you to travel so that your children can enjoy parenting time with both parents.
Simply put, no parent should withhold parenting time because of the Stay at Home Order.