A rise in the number of divorces, parental alienation and stressors caused by added financial pressures as a result of the nationwide lockdown has been unsettling for many families, particularly children.
Family law attorney Lizette Ferns, a partner at Kaplan Blumberg Attorneys, unpacks the effect Covid-19 has had on family law.
Have you noted an increase in domestic violence during the lockdown and how has this fared in relation to the ban on alcohol?
I have noticed since my return to “normal” practice, that while there has been an increase in complaints of domestic friction, I haven’t noted a concomitant increase in applications for domestic violence interdicts.
I cannot say whether this is in relation to the ban of alcohol but it appears from my research that it may well be attributed to the ban, and perhaps also the logistical difficulty in approaching the domestic violence court during the lockdown period.
This has eased since moving to level three, and since then I have noticed an increase in applications.
Has the lockdown had an effect on the finalisation of family law matters and has a backlog been created as a result?
During the level five lockdown, any approach to a magistrate’s court was extremely difficult.
The high court on the other hand continued to function, and I was able to approach it when necessary.
The lockdown has had an effect on the finalisation of family law matters because of the difficulty in being able to source the necessary experts who are required to bring more complicated divorces to trial [such as sociologists, psychologists, accountants and the family advocate].
The difficulty in approaching these institutions contributes more in the delay of a hearing of opposed matters rather than it resulting in a backlog.
Unopposed divorces are now done on affidavit rather than in person and the legal practitioners appear in a virtual court.
Have you found that divorce clients have ended up having to stay with their estranged partners during this period and what has been the overall effect?
From my client base and in the matters I am dealing with, fortunately most parties had already separated before the lockdown and this was not an issue.
What I have discovered is that the additional stress factors brought on by insecurity of peoples’ work situations, job loss, the necessity to home school and the difficulties and confusion surrounding the rights of access to children as a result of the regulations has caused additional stress in a number of matters.
What would you say is the effect on children in these situations?
The effect on children is a more difficult matter to deal with.
Initially, the Covid-19 lockdown was used as an excuse by many in whose care the child or children may have been to frustrate the other party’s contact.
This was dealt with by the minister in subsequent regulations but unfortunately in some cases it resulted in the alienation of the one parent, and has caused ongoing difficulties with subsequent contact.
There have also been issues resulting in the separation of siblings where the parties are involved in contested divorce proceedings, which is undesirable and not in the children’s best interests.
The situation, of course, is worsened when parties who are separated or are in fact divorced live in different districts or provinces.
The effect of home schooling must also not be overlooked in these exchanges as it is unsettling on the affected child to be without a settled point of reference with regard to schooling and primary residence.
Is it too early to tell if stress surrounding Covid-19 and the forced lockdown has had an effect on the number of divorces?
Initial indications are that there appears to be a rise in divorces enrolled in the various divorce courts, whether this is as a result of the stress caused by Covid-19 and the forced lockdown is yet to be determined.
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