Coronavirus Crisis And Guidance With Regard To Arrangements For Children

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Coronavirus crisis and guidance with regard to arrangements for children Following the announcement on Monday that we are effectively in “lockdown” there was a lot of initial confusion as to what this meant for separated parents. Guidance was received the following day, 24 March 2020, and this is a link to the guidance: www.judiciary.uk/announcements/coronavirus-crisis-guidance-on-compliance-with-family-court-child-arrangement-orders/

This guidance makes it clear that whilst parents must abide by the “rules on staying at home and away from others” where parents do not live in the same household, children under 18 can be moved between their parents’ homes. It should be noted that this is guidance and does not mean that children must be moved.

The decision whether or not to move a child between parental homes should be made by both parents following a sensible assessment of the circumstances, including the child’s present health, the risk of infection and the presence of any recognised vulnerable individuals in one house or the other.

The latter might for example include where one parent is a key worker and potentially more exposed to the virus. If there is a child arrangements order in place that parents wish to vary then it would be sensible to record the agreement to vary in a note, email or text message.

The guidance also provides for the option, where a parent does not believe that a child would be safe if the arrangements that had been in place continue, for that parent to vary them. This is on the basis these actions could potentially be considered by the family court at a later date.

The court will then need to decide with hindsight whether or not the parent acted reasonably and if not what consequences there should be. If you are considering varying arrangements it would be prudent to take legal advice before doing so.

The guidance makes it absolutely clear that if it is not practical for one parent to see the child at present then alternative arrangements should be made to maintain regular contact which might include Facetime, WhatsApp video, Skype, Zoom or other video connection failing which there is also obviously the option of telephone calls.

I have been very impressed to see how this current crisis is enabling parents to put aside their differences and co-parent more successfully than they did before even when things have, in the past, been acrimonious.

These are difficult times and having two parents able to assist with home schooling and entertainment can make the current challenges a lot easier.

I do however appreciate that for some parents the situation is causing issues and for those parents who would like assistance to discuss and hopefully agree arrangements that work for your whole family in these challenging times I recommend mediation. Most mediators are able to offer appointments by Skype.

What we want to try and avoid is the current situation potentially causing additional emotional harm to children. If you cannot agree what is best then a neutral mediator may help you to see the other person’s point of view and come up with options that neither of you had considered.

Written by Harry Golding Solicitor, at Thomson Snell & Passmore.
www.ts-p.co.uk

PHOTO CREDIT: CDC/SCIENCE PHOTO LIBRARY

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Kate Daly is co-founder of amicable and host of the The Divorce Podcast. Kate created The Divorce Podcast to discuss and demystify divorce, separation and co-parenting in the UK. In each episode, Kate is joined by experts in their field to explore divorce and separation from every angle.