During the lockdown enforced by Government because of the Coronavirus pandemic, many separated parents remain anxious as to how they can retain contact with their children, whilst still complying with the Government’s requirements.
Nicholsons Solicitors’ family expert, Steve Fordham, gives us some practical tips and guidance on the subject:
**Want to know more? We operate a free, 30 minute no-obligation initial consultation with Steve, where he can discuss your circumstances in more detail. Please see the bottom of this article for further details**
Try to come to practical arrangements by agreement
“In circumstances where parents do not live in the same household, children under 18 can be moved between their homes. This is an exception to the mandatory “stay at home” requirements. However, this does not mean that children must be moved. The decision to move any child is a decision for the parents to make after a sensible assessment of the circumstances, including the present health of the child, the risk of infection, or the presence of a vulnerable person in one household or another.”
“Where a child does not get to spend time with a parent as scheduled, the Courts will expect regular contact to be maintained via remote methods.”
What about existing Court Orders?
“Existing Court Orders should be complied with, unless they conflict with Government advice. An Order can be temporarily varied by the joint agreement of the parents. It is sensible for such agreement to be recorded in a note, email or text sent to one another.”
“The key message from the Courts is that where the exact wording of a Court Order must be varied due to COVID-19 restrictions, the spirit of the Order should nevertheless be delivered by making safe alternative arrangements for the child.”
“If parents are unable to agree to vary the arrangements set out in an Order, but one parent is sufficiently concerned that compliance would be against current Government advice, that parent may exercise their parental responsibility and vary the agreement to one they consider safe. However, this is not usually permitted.”
“If parents cannot agree on alternative arrangements, an application to vary the existing Order can be made but this can take time. Most Court hearings are currently being conducted by telephone or video conference.”
I want to see my child/children but there is no existing Court Order and I cannot agree arrangements with my ex-partner. What can I do?
“It is important to note that applications for child arrangements can be still be made during the Coronavirus Pandemic. However, given the current Government guidelines on social distancing, it is recommended that any application is made online.”
“Unless you are exempt, you will still need to attempt a ‘mediation information and assessment meeting’ (MIAM), before an application can be issued.”
“If there are serious safety concerns, you should not use the online application, but instead contact your local Court as soon as you can.”
“After applying, the ‘Children and Family Court Advisory and Support Service’ (CAFCASS) will send you information and contact you before a hearing takes place. CAFCASS continues to operate during this time by working remotely.”
“The first hearing, known as a ‘First Hearing Dispute Resolution Appointment’ (FHDRA), is likely to take place remotely. The Court will contact you, or your legal representative, to obtain the best contact details ahead of the hearing. At that hearing, the Court will look to set out what is agreed or not agreed and whether the child is at risk.”
“If matters do not get resolved at the FHDRA, then there will be one or more further hearings, some of which can also happen remotely. In some circumstances, CAFCASS are likely to be asked by the Court to write a report to help the Court make a decision for what is best for the child.”
If you have any questions or concerns about arrangements regarding your child or children, why not give us a call on 01502 532300, or email us at admin@nicholsonslaw.com to arrange a free, 30 minute no-obligation consultation? This can be delivered by video-call or telephone, depending on your exact circumstances.
This article is accurate at the time of its publication (16 April 2020), is intended to give general information and should not be taken as legal advice.