On Friday, March 27th, the Maryland Judiciary issued a statement that: “All court orders for a child’s custody, parenting time, and child support are still in effect.”
This statement was issued prior to Monday’s stay-at-home executive order by Governor Hogan. That order, however, defines “transporting a family member” or “travel required by a . . . court order” as “Essential Services” and therefore permissible activities. The statement further provides that courts will conduct emergency hearings in the event of a ” . . . credible risk of imminent and substantial physical or emotional harm to a child or parent.”
My reading of the law is that continuing to comply with visitation/custody orders is expected (and required) unless (a) the parents agree upon a new schedule (which is encouraged), or (b) there is a unique, credible, imminent, and substantial threat of physical or emotional harm to the child, in which case a motion must be filed in court.
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