Coronavirus and Child Contact for the the Non-custodial Parent

The coronavirus pandemic has thrown the world order into disarray, it is impossible to know what tomorrow will bring. What then of existing Child Arrangement Orders? Need parents comply with the terms of an existing order or any other agreement if that means compromising the heath of the family and wider community?

Many parents are unclear about their obligations during this unprecedented time and many more still are afraid that they will not see their children if they are not the resident parent. The government first broached this topic by stating that children should not be moved between households. As with many of the measures that were initially implemented, due to the unpredictable nature of the pandemic, the Government has had to review its initial stance and has now accepted that it may be necessary for children to move from one household to another.

Confusion caused by the initial lack of clarity from the government sent households across the county into panic with parents and children alike afraid that they would no longer be able to spend time together during lockdown. We at Giambrone & Partners LLP understand that co-parenting can be stressful and emotionally exhausting under the best of circumstances, let alone under the present circumstances in which we find ourselves.

The government’s guidance issued alongside the ‘Stay at Home Rules’ stated the following:

“where parents do not live in the same household, children under 18 can be moved between her parents’ homes”.

The above guidance is all well and good but what does it mean in practice? The Rt. Hon. Sir Andrew McFarlane, President of the Family Division and Head of Family Justice released a statement confirming that the government’s stance does not mean that parents must move their children between households but instead that parents should communicate with one another and work towards reaching a “good, practical solution”.

If parents agree, they may deviate from an existing Child Arrangements Order on a temporary basis recording any such departure from the status quo in writing perhaps by exchanging emails or text messages. If one parent, however, does not agree to vary the arrangement on the basis that to do so would be against the current public health advice, that parent may exercise their Parental Responsibility and vary the arrangement to one that they alone consider to be safe.

If children are not able to travel between households, parents are asked to promote and encourage other means of communication as between their children and the non-resident parent. FaceTime, phone calls, Skype calls, Zoom or other video conferencing options are all encouraged.

The guidance issued by the government and the Family Division rely on parents to act in accordance with the spirit of any existing court order or arrangement and employ common sense. While this is all very well in theory, we know that while it is possible to co-parent without issue, it is rare.

Our dedicated team of family law specialists are waiting to assist you should you find yourself in the unenviable position of having to effectively re-negotiate your family’s contact arrangements. We are here to assist you in as efficient and amicable manner as possible.

For more information on Child Arrangements Orders during the coronavirus pandemic please click here