Separated parents are facing unprecedented challenges in co-parenting due to the Covid-19 pandemic. The issue and worry of parents is whether the pre-existing arrangements that worked well prior to the crisis, are now safe.
Justine Woodcock of Astle Paterson states: “We are facing many enquiries with regards to how pre-existing child arrangements and court orders should be followed due to the current lockdown restrictions.
“We have seen a number of child arrangement cases become far more complex and contested due to parents seeking to change court orders or arrangements in an effort to make them ‘safer’ for their children.”
This has led to a flurry of cases being issued at court to try and deal with the conflict that has then arisen.
In light of the increase in cases, the court provided practitioners with some guidance to verify that the mandatory requirements imposed by the government with regards to “stay at home” at the outset of the lockdown, did not apply to children moving between parental households. Right from the beginning it was therefore understood that childcare cases were going to be dealt with differently.
The guidance states that the general principle should be that “while it is understandable for parents to be concerned about their child’s safety during this unprecedented time, Covid-19 should not be used to stop contact”. The guidance does accept however that there will be exceptions to this rule and the courts would have to determine if the actions taken were reasonable in all the circumstances.
Justine Woodcock said: “In many of my cases, parents are able to come to sensible arrangements which still provided for the children to spend time with the other parent whilst adhering as much as possible to social distancing measures. However, in some cases where one parent has health issues and is at “high risk” or where the child has health issues, then some careful thought needed to be applied to the individual needs of that family requiring some creative arrangements to be agreed.”
Child arrangement cases are often difficult to broker, however with the current Covid-19 issues in addition, we are being contacted by many worried parents seeking assurances that the arrangements they are looking to agree, maintain or stop, would be a supported decision by the courts. Each case is very individual and so very detailed instructions are required to be able to advise fully.
We have instances where separated parents cannot agree upon their child’s return to school, whether the child should be allowed to partake in certain activities and many other issues. Such matters could previously be referred to mediation for parents to talk openly with each other and reach an agreement, but the mediations services have been closed due to Covid-19, making parents reach out more to solicitors and the courts for help.
Our team is working hard to help parents come to solutions which are workable for both parties and, most importantly, are in the best interests of their children. It is difficult and made even harder due to the current restrictions, but it’s important to know there is help at hand.
For more information, please contact either Justine Woodcock, Nigel Smith or Lauren Jones, solicitor specialists in children law matters, for specific advice.
Alternatively, you can complete the form below and one of our specialist family law solicitors will be in touch with you.
