In the sudden wake of COVID-19, courts across the United States and Europe are closing. Courts have taken steps to prevent the spread of the virus through closing to the public, postponing matters and extending deadlines. But important family and private client needs like divorce, division of and access to family assets, child custody disputes, child abductions, guardianships, emergency support, and domestic violence do not stop now. Even though courts, schools and many businesses are closed, family law emergencies continue—and typically increase—in times of national emergency.

Recognizing this reality, courts in our region have plans in place to ensure emergency private client needs can still be addressed despite widespread court closures. The Family Law Team at Miles & Stockbridge is set up to handle all family law emergencies at this time of crisis.

Maryland

In Maryland, Chief Judge Mary Ellen Barbera of the Maryland Court of Appeals has entered an Administrative Order to ensure important family and private client matters continue to be addressed during the COVID-19 restriction period. Effective March 17, 2020, although Maryland courts are closed to the public, there are procedures in place to ensure the following family and private client matters are still promptly addressed:

• Emergency issues in guardianship matters
• Domestic violence protective orders
• Family law emergencies
• Temporary restraining orders

Depending on the nature of the emergency, the appropriate court will determine whether the emergency matter must be heard live during the closure period, whether it can be heard by video or telephone, whether it can be decided on written submissions only or if it should be scheduled to be heard soon after the courts reopen.

For circuit courts that utilize the MDEC electronic filing system for attorneys, the emergency requests are filed electronically. For those circuit courts, such as Montgomery County and Baltimore City, that do not have the electronic filing system, filings are made through an in-person drop-box located outside of the courthouse. In order to address the growing concerns over social distancing, courts around the world, including in Maryland, are utilizing remote virtual and online systems available to continue to hear matters electronically.

District of Columbia

In the District of Columbia, the Chief Judge of the Superior Court has entered an order ensuring that family and private client needs will be addressed during the COVID-19 emergency. The Domestic Relations and the Domestic Violence Divisions of the Superior Court remain open and available to handle emergency matters.

The Domestic Violence Division of the Superior Court has extended all existing Temporary Civil Protection Orders through May 1, 2020, or the next assigned court date on the updated order in the case. Updated orders will issue in each case without the need for the parties to appear. New Requests for Civil Protection Orders are being handled through the Superior Court’s Emergency Temporary Protection Order Process.

In the Domestic Relations Division, the Superior Court has postponed all trials and non-emergency motions hearing to ensure that the court is able to handle all family law emergency matters during the COVID-19 emergency. Emergency matters in the District of Columbia are similar to those considered emergencies in Maryland.

In all courts in our region, the determination of whether or not an emergency exists, and how to present that to the court during this very unique time, should not be decided without proper legal advice. Matters that may be considered emergencies depending on the circumstances of the family include: domestic violence, child safety issues, child abduction or threatened abduction, physical and mental health guardianship matters, and substantial and unanticipated sudden dissipation of significant martial assets.

Links to the Maryland and District of Columbia Orders relating to family law matters during the COVID-19 emergency may be found here:

• Maryland
• District of Columbia

These emergency procedures in the wake of COVID-19 will still require family law practitioners to be available and familiar with the courts’ emergency procedures and the practical implications. The current situation will undoubtedly become more complex as it impacts families locally, nationally and internationally.

Miles & Stockbridge continues to employ business continuity procedures to ensure the safety of our colleagues and clients and deliver high-quality and secure legal services in these uncertain times. Maintaining our ability to serve those who entrust us with their families and their business remains our paramount concern. We continue to help clients, including in private client emergency and non-emergency matters, every step of the way. 
 
This alert was written by Stephen Cullen, Kelly Powers and Leah Hauser, lawyers in the Family Law & Private Clients practice group at Miles & Stockbridge.

Any opinions expressed and any legal positions asserted in the article are those of the author(s) and do not necessarily reflect the opinions or positions of Miles & Stockbridge P.C. or its other lawyers. This article is for general information purposes and is not intended to be and should not be taken as legal advice on any particular matter. It is not intended to and does not create any attorney-client relationship. Because legal advice must vary with individual circumstances, do not act or refrain from acting on the basis of this article without consulting professional legal counsel. If you would like additional information on the subject matter of this article, please feel free to contact any of the lawyers listed above. If you communicate with us, whether through email or other means, your communication does not establish an attorney-client relationship with either Miles & Stockbridge P.C. or any of the firm's lawyers. At Miles & Stockbridge P.C., an attorney-client relationship can be formed only by personal contact with an individual lawyer, not by email, and requires our agreement to act as your legal counsel together with your execution of a written engagement agreement with Miles & Stockbridge P.C.