MONDAY, AUGUST 24, 2020 | SERVING CHICAGO’S LEGAL COMMUNITY FOR 164 YEARS | CHICAGOLAWBULLETIN.COM VOLUME 166, NO. 128 COVID-19 school options could challenge remote court system Since the onset of COVID- recently memorialized in an Marriage and Dissolution of 19, the courts have been amended order on July 2 Marriage Act (750 ILCS inundated with the creation (2020 D 8 Amended). From 5/513), divorced parents are of new procedures, rules and its inception in March, Gen- subject to a financial invest- formats to allow cases to con- eral Order 2020 D 8 ment in their children’s col- tinue to proceed through the addressed the concerns lege education. With many court system. The first which will inevitably arise in colleges and universities wait- Domestic Relations order was many divorced/divorcing fam- ing until the last minute to entered on March 11, and ilies with regard to the effect determine whether they are allowed parents to attend of school closures due to the offering a return to school, mediation and emergency pandemic and how parents purely remote learning or a MODERN intervention by phone and should handle scheduling hybrid option for their stu- FA M I LY complete parenting educa- around the same. At the time dents, parents need to make tion on line. it was entered, it was unlikely joint decisions as to whether On March 18, a Domestic that court personnel could ANDREA K. MUCHIN they are willing to financially Relations order was entered have envisioned either that support either option, given which addressed parenting this order would still be in the high cost of tuition, room time guidelines (2020 D 8). In effect in the fall or how rele- ANDREA K. MUCHIN is a part- and board and other college summary, General Order vant it would be. ner of Schiller DuCanto & Fleck expenses, let alone concerns LLP whose practice concen- 2020 D 8 provided as follows: Although divorced/divorc- about the safety of their col- trates on resolving complex • Regular parenting time ing parents have often been lege age children. family law and divorce cases schedule controls in all at odds over many parenting Since all allocation judg- — both through settlement and instances. issues, rarely has a parenting ments in Illinois include an litigation. Muchin focuses on • Possession and access concern such as what school allocation of decision making the custodial needs of wealthy shall not be affected by will look this fall taken on as with respect to education and individuals and the complex school closures due to universal significance as this financial issues regarding their the choice of school and COVID-19 pandemic and one. Front page news head- estates and business interests. tutors (750 ILCS 607.5), this such closure shall not be con- lines are filled with strife She can be reached at issue touches upon nearly sidered a “day off from over the issue, which amuchin@sdflaw.com. every divorced/divorcing fam- school”. appears to be affecting all ily with children. While Gen- • Unless otherwise directed, families with children. While other parents, particularly eral Order 2020 D 8 Amended parents shall follow the regu- most schools are still in the those that work outside the clearly addresses the impact lar parenting schedule. process of rolling out their home, were hoping for a of school closures due to • While parents can alter or final plans, options appear return to school at least on a COVID-19 on parenting modify possession schedule to range from remote school hybrid basis, in part to give schedules, it does not cover by agreement, they are only to a hybrid blend. In their children structure, every situation and there is encouraged to act in the best Chicago, public school par- socialization and increased not a one size fits all solution interest of their children and ents were initially forced to chances for learning, and to addressing these concerns. strongly admonished from opt in or out of in-person also to allow parents to con- As “return to school” quickly taking steps that imperil the classes before any details of tinue to go to work and sup- approaches for all families, physical health of any child a safety plan were port their families, as not all divorced/divorcing parents including unnecessary or dis- announced and soon there- parents are able to work need to timely ascertain cretionary travel. after it was announced that remotely. whether or not they are on General Order 2020 D 8 CPS was only going to hold Parents with college-age the same page with respect to was initially intended to cover remote classes for at least children are also facing chal- these decisions. only the limited period from the first quarter. While many lenges which may lead to divi- It appears that the real test March 17 through April 16. parents and educators are siveness in divorced/divorc- of whether the remote court However, it has been contin- adamant that school must ing families. Pursuant to sec- system is equipped to handle ually extended and most reopen safely or not at all, tion 513 of the Illinois the possible barrage of Copyright © 2020 Law Bulletin Media. All rights reserved. Reprinted with permission from Law Bulletin Media.disputesthat divorced/divorc- • Will Administrative remote conference without to the legal community. ing parents may be facing as Order 2020 D 3 Amended cost? While it is always the hope they continue to navigate allow sufficient avenues for The Domestic Relations that parents will work school options during timely presentment of these Division in Cook County, as together to do what is best COVID-19 should come to concerns? led by Judge Grace Dickler for their children, that is not light this fall. Available • Should conflicted parents and her staff, has been at the always realistic. As parents options for parents to con- start by meeting with a medi- forefront of remote access, continue to navigate the sider include the following: ator? constantly creating and mod- school issues that they will • Will the courts find the • Should conflicted parents ifying procedures to keep up begin to encounter, this fall school dilemma to be an present an emergency and with the ever changing prob- may well be yet another test emergency under Administra- wait to see if the court agrees lems of administering the of how effectively the system tive Order 2020 D E or perhaps assigns a mediator court procedures and dis- is working to address liti- amended? for a one or a two hour seminating the information gant’s issues and concerns. Copyright © 2020 Law Bulletin Media. All rights reserved. Reprinted with permission from Law Bulletin Media.
Aug 26, 2020
COVID-19 School Options Could Challenge Remote Court System
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