The Impacts of COVID-19 on Family Law and the Fracture of Dialogue and Empathy

Abstract

This paper analyzes the impacts of pandemic caused by COVID-19 on intra-family relationships, focusing on the emerging conflicts in family life, alimony and the protection of the elderly. Also, the paper focuses on intrafamily conflicts that have intensified domestic violence, have impacted on family life, since the fear of contamination has been a reason to deny children live with non-guardian parents or relatives with their elderly. Regarding the children, it is considered more correct not to change the coexistence already established, except in the presence of a more concrete risk factor, since being cared by anyone, the risks of COVID-19 contamination will be identical. Concerning the elderly, it is important to care for and avoid emotional abandonment, but care cannot undermine their autonomy. The healthy aging right includes respecting the will of the elderly. Guardianship, coexistence regime and alimony can only be revised through a proven change in the legal situation, in terms of the risks imposed on children or changes in parents economic conditions. For the elderly protection, it must be harmonized with respect for their autonomy, which is why their wishes must be respected. Because of this same autonomy, the conscious and oriented elderly person cannot be placed under custody, even to obtain judicial representation that saves them from leaving their homes for the practice of emergency legal acts. Other solutions must be adopted as the representation or, in the cases in which it is not possible to draw up a power of attorney, judicial representation without curatorship.