Coronavirus and Child Contact Guidance for Separated and Divorced Families

Posted onMarch 30, 2020

In these turbulent times it is difficult to keep up-to-date with all the Covid 19 lockdown rules and guidance and to interpret it to fit your family circumstances and child contact arrangements. In this blog we look at the most recent guidance on coronavirus and child contact guidance for separated and divorced families issued by the senior family court judge and by the government agency, The Children and Family Court Advisory and Support Service (CAFCASS).

COVID-19 update:

A message from OTS Solicitors - We have already brought online, and deployed the advanced infrastructure, processes and safeguards to allow our professionals and support teams to function fully remotely. Within our client service areas, our teams have implemented plans to ensure that our clients continue to be served without disruption. We would also like to remind our existing and new clients that we have offered a digital consultation option for several years and now in light of the Corona Virus developments we would encourage any clients seeking on-going consultations or new clients to contact our switchboard who will arrange an appointment via our online platform, skype or telephone conferencing

Online children and family law solicitors

In these difficult times the children and family law team at OTS Solicitors are here to help you if you have a children law query. Call us on 0203 959 9123 or complete our online enquiry form to set up a video conference, skype or telephone appointment with one of our specialist children lawyers to get the help and legal advice you need to answer your family law questions on coronavirus and child contact.

Coronavirus and child contact guidance

Firstly, the most up-to-date UK government guidance published on the 24 March on Covid 19 and staying at home and away from others, states:

‘’Where parents do not live in the same household, children under eighteen can be moved between their parents’ homes’’

This is important as there has been a lot of confusion about what amounts to ‘’essential travel’’ during the duration of the government’s Covid 19 restrictions on the movement of people.

However, this advice and the permission to move children between households for the purposes of contact with separated or divorced parents has to be carefully considered with health advice on coronavirus and its transmission.

Therefore, it is important to look at the government stay at home and health advice and look at how it fits with your family circumstances. Children law solicitors say that ‘’one size advice doesn’t fit all’’ as every family is different but the government advice is that parents need to work together and try to set aside any historical trust or communication issues and find contact solutions that meet your child’s need for continuity of parental care whilst keeping your child safe and acting in his or her best interests.

The government advice, from the senior family judge and from CAFCASS, is that in these frightening times for children maintaining normality can help children’s fears. For example, if you stop contact because of coronavirus, your child may fear that they won't be able to see their other parent again or they may not understand why contact has been stopped because you haven’t wanted to explain about the impact of Covid 19 to your child. Whilst that is understandable, a simple and agreed parental explanation about coronavirus, may help a child understand the necessity for any change in contact arrangements. Remember, these changes may not just affect parental contact. Your child may be equally confused about why they haven’t been able to see their grandparents or their cousins.

The key point from the official guidance is that parents should try to put aside their differences and co-operate and act in their child’s best interests. In some families contact may continue as normal, in others changes may need to be made because, for example:

Your child is vulnerable because of an underlying health condition and you or your ex-partner is a key worker coming into contact with the public
You or your ex-partner is in a family unit where a family member is highly vulnerable and needs to be shielded
You or your ex-partner are having to self-isolate because a member of your family is displaying Covid 19 symptoms
Your child isn’t in school but one parent is able or is required to work and the other parent can take over day time care because they are not able to go into work.

Online children law solicitors

Every family is different so if you need legal advice about coronavirus and child contact in your individual family circumstances call OTS Solicitors on 0203 959 9123 or complete our ONLINE ENQUIRY FORM to arrange a video conference, skype or telephone appointment with one of our experienced children law solicitors.

Child contact and coronavirus: tips on how to handle contact issues

CAFCASS are keen to ensure that the pressure many families feel under at the moment because of Covid 19, or the financial pressures arising, are not exacerbated by contact issues, whether or not you have a child arrangements order in place.

CAFCASS recommends that:

Normal routines of meal times and bed time and contact time can help a child when other things aren’t secure or normal, such as not going to school, playing sports or seeing friends
Unless there are good reasons, children should continue in their contact routine and if there is a child arrangements order then this should be followed unless there are concerns that it isn’t in a child’s best interests. For example, some key workers are sacrificing direct contact with their children to protect them whilst the current coronavirus measures are in place
If a child arrangements order or an existing contact arrangement is changed by agreement both parents should try and reassure the child why the changes are happening and that both parents are OK
If contact has to be changed for a child or other family member’s health or other good reason then communicate why to the other parent and think about alternatives, such as skype or facetime. There are lots of things that can be done remotely such as bed time stories and even helping with home schooling
Try to reassure the other parent that any changes are temporary and suggest extra time later, once coronavirus related restrictions on movement are lifted and the coronavirus threat is over, such as your ex-partner having extra summer holiday or other contact
Try to give a consistent message to your child about Covid 19, for example about safe distancing or hand washing, so your child isn’t confused if they are continuing to move between households.

There are many parents who are understandably anxious about contact and coronavirus. Counselling and support is available online if you know that your worries surrounding child contact and Covid 19 are stemming from your anxieties rather than health related concerns about either your children or a member of the family.

The government advice also says that if you agree to a change in the contact plan or child arrangements order it is sensible to record the agreement over what will happen. This can be done by text or email between parents or through solicitors. Children law solicitors recognise that sadly there will be some parents who can't agree on what is in their child’s best interests over contact during the coronavirus outbreak.

If you are following government advice to self-isolate because your child or a member of your family is unwell then the government health advice must be followed even if there is a child arrangements order in place. The key is to try to get the other parent to understand that you are acting in your child’s best interests and not because you are trying to use the coronavirus outbreak to your advantage to stop or reduce contact.

Coronavirus and contact proceedings

If there is an existing child arrangements order in place you may need legal advice on whether the child arrangements order should be changed or you may want to apply to court to enforce the order. Alternatively, you may need a family court to make decisions about your child and contact that aren’t related to Covid 19.

The court service has been affected by coronavirus in the same way as almost every public service but in certain situations remote court hearings are possible through children law solicitors using skype, video conferencing or telephones to conduct court hearings. However, the government and court is very much emphasising that the focus should be on parents, and their children law solicitors, reaching agreement over changes to child contact during the Covid 19 pandemic, so the available court time can be used for the most urgent court cases , such as domestic violence injunctions or where there are fears of child abduction.

Online children and family law solicitors

In these difficult and unusual times the children and family law team of specialist children law lawyers at OTS Solicitors are here to help you reach a resolution over child contact and to answer with your children law questions. Call us on 0203 959 9123 or complete our ONLINE ENQUIRY FORM so we can set up a skype, video conference or telephone appointment for you.

COVID-19 update: