Schools have recently closed and the Government are stating that everybody should now remain home where possible.
This has left many separated parents not knowing where they stand, with the parent that the children lives with feeling anxious about breaching an agreement or order and the other worried that they will miss out on quality time with their children. If you’re not sure how to navigate child care arrangements, contact us and we may be able to help you.
Even for those parents that have remained amicable since separation, the current climate is going to be extremely testing and leave a lot of opportunity for disagreements to occur.
We are living in unprecedented times. We often make it clear to parties when trying to negotiate contact arrangements or obtaining a Court Order that the Court cannot provide for all eventualities and, most certainly, COVID-19 will not have been on the agenda until recently.
As a result, many parents are now finding themselves in a situation where they simply cannot comply with prior arrangements for the children or Court Orders that have been made. This is on top of their other anxieties; such as health and money worries.
What does this mean for separated parents?
The law is clear in that parents who share parental responsibility must work together to make significant decisions concerning a child’s welfare, for example with respect to education and health.
There is also a general presumption that children should benefit from a relationship with both parents, unless there are welfare concerns, but even then, it can still be possible to agree some level of contact with appropriate safeguards in place.
What is clear is that in light of COVID-19 parties are going to need to be flexible and work together, even where there is a black and white Court Order in place.
Children’s welfare is the paramount consideration of the Court at all times and so if their health requires them to stay at home, it would be difficult to convince a Judge otherwise.
At the opposite end of the spectrum, the COVID-19 outbreak is not an excuse for contact to be withheld without good reason.
The Government guidance issued on 23rd March 2020 is quite clear in that, where parents do not live in the same household, children under the age of 18 can still be moved between their homes.
However, in the event that there are vulnerable people in either household or family members with symptoms of coronavirus, physical contact with one parent will likely cease or shared care arrangements may break down.
Separated and working together, sometimes remotely
In the event that physical contact cannot take place it is important to remember that we live in a modern world. Self-isolation and social distancing does not mean that indirect contact via telephone, FaceTime or Skype cannot continue to take place to ensure that key family relationships are maintained.
I have no doubt that the prospect of not spending time with your children for days, weeks or perhaps even months is a scary one. This is what makes it all the more important for parents to work together and for us to get creative in terms of making sure that children continue to enjoy a relationship with both parents.
Helping you navigate the situation
There are numerous avenues that can be explored before having to involve the Court and at Jackson Lees we have Resolution accredited professionals who are geared towards a constructive and more amicable approach.
If parties are unable to agree, the Courts are still open and people are still able to negotiate, mediate and make an application to Court if necessary, or vary existing orders if needed.
Ultimately, every family is different and, here at Jackson Lees, we recognise that. There is no better time than the present to attempt to resolve any issues regarding the arrangements for your children and we are more than happy to help.
During this unsettling and worrying time, in place of face-to-face meetings, we are offering telephone consultations and, where possible, video calls (such as Skype).
If you would like to talk to one of our specialist advisers, please call us free on 0151 625 9364 or email family@jacksonlees.co.uk
Request a callback at your convenience