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CAFCASS guidance on the implementation of Child Arrangement Orders during the COVID-19 crisis

Further to our recent post, CAFCASS have now also issued some guidance on the implementation of Child Arrangement Orders during the COVID-19 crisis.  Their documents can be found below.

As ever, and every situation is unique and these suggestions may not fit your particular scenario.

It is important that you obtain independent legal advice, if you are unsure about what to do.

Do not feel pressurised to agree to something which you do not consider to be in your child’s best interests, especially during these unusual times.

Call us and we will be happy to help and advise based on your specific set of circumstances.

Our experienced and skilled team of solicitors are on hand to answer your questions via telephone or video conferencing; whichever suits you best.

 

 

Co-parenting and child arrangements in a global pandemic – advice for families

How to talk to your child about Covid19: “Provide facts about what has happened, explain what is going on now and give them clear information about how to reduce their risk of being infected by the disease in words that they can understand depending on their age” World Health Organisation, March 2020

✓ In these uncertain times, maintaining a sense of routine will help your child to feel safe and secure. Whilst your child’s school may be closed, consider sticking to normal meal and bed times and any other family rituals your child takes comfort in – for example movie night or reading a book together before bed.

• ✓  Unless there are justified medical/ self-isolation issues, (or some future nationally issued guidance or expectation associated with leaving the house in your area) children should also maintain their usual routine of spending time with each of their parents. If there is a Child Arrangements Order in place this should be complied with unless to do so would put your child, or others at risk. This will help your child to feel a sense of consistency, whilst also reassuring them that the parent they don’t always live with is safe and healthy.
• ✓  If you’re not able to maintain your child’s routine due to illness or self-isolation, or non- availability of people who ordinarily support your child’s contact, then communicate clearly and honestly with your co-parent. If it is not safe for you to communicate directly
  (for example if there has been a history of domestic abuse) then consider using a trusted third party to help you.
• ✓  Think creatively about how you can support your child to stay in touch with their other parent and family members during any period of self-isolation. Skype and Facetime can be great ways to catch up and can be used to read stories, sing and play together. With older children you could also consider a watch party – where you gather online to watch a movie or video, commenting and ‘reacting’ in real time.

✓ If any court directed spending time arrangements are missed, think about how you and your co- parent may be able to ‘make up’ your child’s time after the restrictions are lifted. Remember, any rearranged spending time arrangements should always be for your child’s benefit and should not be used as a source of tension or conflict – especially at a time when your child is likely to be feeling anxious about the effects of the pandemic.

Did you know? The Family Procedure Rules 2010 allow for remote hearings in appropriate cases. This could mean hearings take place via email, video, telephone or Skype. The government has issued guidance here.

• ✓  Be extra vigilant when making sure that children cannot hear discussions about the court case or any dispute you may have with your child’s other parent. This is particularly relevant now as they are at home and there may be court hearings by skype / tele conference. Exposing children to these disputes can result in them feeling confused, having divided loyalties and may harm them emotionally.
• ✓  If your household is not in self-isolation, then it is still recommended that you and your child maintain sensible social distancing from members of the public. This means avoiding social activities such as going to restaurants, theatres and cinemas – and only using public transport if you really have to.

✓ Unless you or your child has an underlying health condition or other vulnerability, transporting them from one home to the other would usually be a legitimate journey (based on the current government guidance).

✓ Think carefully about maintaining a two-metre distance from other people, carrying hand sanitiser and tissues, and thoroughly washing hands on arrival home.

✓ It is crucial that both parents practice sensible hygiene. This means following Government advice such as hand washing, more often, for 20 seconds. Clean and disinfect regularly touched objects and surfaces more often than usual, with your normal cleaning products.

✓ Encourage your child to catch their coughs and sneezes in a tissue and ensure they also comply with hand washing advice. The National Infection Prevention and Control Manual has lots of helpful ideas and materials to encourage children to make hand washing part of their everyday routine

Further information on the availability of SPIP (Separated Parents Information Programme) and the provision for Supervised Contact will be made available in coming days

Further information about Covid19 can be found on the Gov.uk and World Health Organisation websites.

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.