How does Coronavirus affect child arrangements?
During this uncertain time, a number of you have questioned how the current lockdown will impact upon your current child arrangements.
Whilst the current health guidance is that no one should leave home unless for essential travel, the exception is that children should be able to move between their parents’ homes where they live apart.
Clearly, parents need to consider the practicalities and ensure that children should maintain contact with the non-resident parent if safe to do so and bear in mind the child’s own health, risk of infection and any contact with vulnerable individuals.
In the first instance, parents should communicate between themselves to try and work out the practicalities and sensibly vary arrangements if necessary. Careful consideration also needs to be given to contact the children will have with others and the exchange of clothes and other items that usually take place at handover.
If you and the children have to self-isolate, consideration should also be given to other means of the children maintaining contact with the non-resident parent, such as Facetime, WhatsApp, Zoom etc.
If you have an existing Child Arrangements Order and one of you is worried about the impact of the arrangements and that complying with them would be against the current health guidance, then that parent can unilaterally vary the existing order but only if reasonable to do so.
The Courts supported by the government, have made it clear that they expect court orders to continue to be followed where possible but where this has not taken place, the court will need to consider if parents have acted reasonably if they have deviated from their court order.
Therefore, it will depend upon your individual circumstances and requires you both to approach the matter sensibly and practically. During this difficult time, parents should try to work together rather than against each other.
If you require any further assistance or guidance, please call us. All of our offices are still open and we are able to offer appointments by telephone or video
