The Governor has amended his executive order to Shelter in Place to specify the following:
“That no provision of Executive Order 04.02.20.01 shall limit, infringe, suspend, or supplant any judicial order, judgment or decree, including custodial arrangements…nor shall any person use the Executive Order 04.02.20.01 as a defense in an action in violation of a judicial order, judgment, custodial arrangement or decree…”
What this means is, unless you have a compelling and very good reason beyond the ordinary, when contempt is filed against you for not complying with your parenting plan, custody order, or visitation order, a Georgia court will, as a matter of law, not use the shelter-in-place order by the Governor as a defense.
It is also specified that: ‘”Essential Services” shall also include the transport, visitation, regular care of family members and persons dependent on the services of others, and similar actions that ensure the welfare and best interest of persons in the State of Georgia, specifically including the elderly, children and disabled populations.”
Meaning, that transportation of children to and from custody and visitation exchanges is an exception to the shelter-in-place order, at least in the State of Georgia. Do not use the COVID-19 virus as an excuse to not comply with your parenting plan and custody orders in the State of Georgia.
If you have any questions we’d be happy to speak with you at Shaw Law Firm.