At the start of the "lockdown", we wrote an article regarding co-parenting for separated parents during the current situation with Covid-19. Given that a few weeks have now passed, we thought we would provide a further update...
Parenting can, at the best of times, be hard let alone if you are in the process of separating or have already separated. Covid-19 is affecting every aspect of our lives and we are trying to get used to a "new normal". Separated parents, arguably have an additional problem in how to deal with arrangements for children during the "lockdown". At the start of the "lockdown" there was some confusion due to an interview with Michael Gove on Good Morning Britain. He later clarified the position on Twitter saying that "while children should not normally be moving between households, we recognise that this may be necessary when children who are under 18 move between separated parents. This is permissible & has been made clear in the guidance"
Further guidance has also since been provided by the President of the Family Court. Where parents do not live in the same household, children under the age of 18 can move between their parents' home for the purpose of contact. This would not infringe the "Stay at Home Rules" currently in place. This, however, does not mean that parents have to continue the arrangements, come what may. Parents should make an assessment of the situation and seek to agree what is best for their children in their individual circumstances bearing in mind the children's health, the presence of any identified vulnerable individuals in one household or another and the risk of infection. It is hoped that parents will be pragmatic about this.
Where a Child Arrangements Order has been made, the starting point is that this should be complied with unless doing so would be unsafe or put you or the children at risk. Parents will need to make an assessment taking into account all of the circumstances, as highlighted above. There can be serious consequences for breaching an Order without good reason. If this happens, it is important to keep a note of what has happened and the reasons why. In the first instance, we would always suggested talking to the other parent to see whether things can be put back on track, most importantly for the children. If they cannot, it may be that an application to the Court needs to be made.
Whether you have informal arrangements in place or an Order from the family Court, you can agree with the other parent to vary those arrangements if alternative arrangements are more suitable. This can be done on a short term basis and you may want to review things regularly. If you are going to do this, then you should consider recording any such agreement in writing for example by email or text in order to try and limit any dispute in the future. If the arrangements are temporarily changed then parents may wish to consider ensuring that the time is made up later in the year or perhaps when the "lockdown" restrictions are lifted so that the children do not lose out on time with one parent.
If the children are not able to see one parent as regularly, parents should think of other ways in which the children can communicate with them. There has been a huge increase in the use of technology making use of Zoom, WhatsApp video calls, FaceTime and Skype and this is something that you may wish to make use of.
If you and the other parent cannot agree on the changes you feel would be in the children's best interests, then you might want to consider arranging an urgent telephone/webcam meeting with a mediator or trusted third party.
These situations can often be complicated and we would always recommend taking legal advice especially if, as a last resort, you are considering making an application to Court.
Further helpful guidance can be found at Judiciary.uk.
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*This article is provided for general information purposes only and does not constitute legal advice or other professional advice.
