Pursuant to the Government’s ‘Stay at Home Rules’ issued on 23rd March 2020
Pursuant to the Government’s ‘Stay at Home Rules’ issued on 23rd March 2020, we received an influx of calls from a number of clients (current, past and new), seeking advice as to how children can be moved between the homes of separated parents safely and without breaching not only the Child Arrangement Order to which the children were subject, but also these new rules.
These unprecedented times require all to consider all arrangements in a pragmatic and sensible way. Even to consider some alternative scenarios so that contact and the movement of children can occur in a sensible and safe way.
We are pleased that the Government’s guidance has attempted to address this issue, by stating that:
‘where parents do not live in the same household, children under 18 can be moved between the parent’s home’
Whilst this statement has given some separated parents reassurance that they will see their children as regularly as their specific arrangements allow, others are still somewhat concerned.
The concerns of some of our clients generally are:
1. Is it safe for my child to move from one household which is self-isolating, to another which is not. For example – if the other parent is a key worker?
2. Does that not pose a risk to the family members of each household and the children?
3. What if one parent lives with a person who falls into the high risk category? Will I be placing them at risk if I permit/facilitate contact?
There are just a few of the questions we have been asked by our clients.
In these uncertain times, our advice essentially calls for the parents to take a proactive, conciliatory approach when considering the current child arrangements. Whilst the guidance establishes this category as an exception to the ‘Stay at Home Rules’ it does not necessarily mean that the children MUST be moved between homes. A sensible assessment of the circumstances must be adopted. For instance, in your situation with the other parent contact can occur safely to all involved, as per the arrangements in place, then as parents you are free to continue to abide by them. However, if your set of circumstances it cannot, then an agreed variation of the arrangements needs to be implemented.
Some alternatives are indirect contact via Whatsapp, Skype, FaceTime etc, if the risk to move the child between both homes is too risky. Others have varied the arrangements so the child spends a week with one parent and then the second week with the other parent. They then alternate the weeks, so as to reduce the travel and the risk of the child and the families of being exposed. Some parents have agreed for contact only occurring in a large public space as long as the two metre rule is strictly observed. Whatever the alternative agreed arrangements are, we would also advise that they are documented in writing to provide certainty to all with regards to these new arrangements in place.
The essential point is that the spirt of any Order or agreement needs to be facilitated and this is what the Family Court would look at if there is a dispute in respect of the child arrangements. The court would consider the reasonableness of any parents’ actions during this unprecedented time.
Whilst we hope that the contents of this post are helpful, we must state that each case is individual and the purpose of this note is to simply set out some general guidance. If specific advice is required, then obtaining independent legal advice is necessary. Please feel free to contact us to discuss your particular situation further. We can provide support over the phone or video message.
