COVID-19 : Answers to some Common Questions
Here at Kay & Pascoe LLP, we are aware that this is an unprecedented time for our clients, and thought it might be helpful to give some guidance on day to day decisions you will need to make if you have a Child Arrangements Order.
Q. Am I allowed to stop my former partner spending time with our children because they aren’t protecting them due to COVID-19?
A. Yes. If you believe your children are at risk of harm.
Yes, if your former partner is part of a household that is required to self-isolate.
As parents, you should assess the situation. Is there a risk to health or exposure to COVID-19? There must be a focus on the children, their health, their safety and wellbeing.
If possible, try to reach an agreement with the other parent, before making any decision to stop physical contact.
If you are in any doubt, do call us for advice before stopping contact taking place.
Q. My former partner has refused to allow me to see our children because of COVID-19, what can I do?
A. If you have an existing Court Order stipulating where the children are to live and who they spend time with, you can apply to enforce it if the other parent is not allowing you to see your child.
Focus must be on the children and their rights to spend time with both parents. It may be that direct contact is stopped due to Covid-19 for a short period of time. There are however numerous ways in which contact can take place in the interim such as by telephone, FaceTime, Zoom or Skype.
Q. I have grandchildren that I am not seeing because everyone wants to protect me from COVID 19, what can I do to see them?
A. Considering the current Government advice and guidance, even if an existing Court Order states you are to see your Grandchildren, it is unlikely to take place in certain situations. You should try to find a way of staying in touch with your Grandchildren through telephone or other means of technology such as Zoom, Skype or FaceTime. It is really important that you maintain contact with your Grandchildren by whatever means that you can.
Q. With the school closures, can I make my former partner look after the children more often?
A. Unfortunately, a Court cannot Order a parent to look after a child if they do not want to or are unwilling. If the school closures mean you are having to care for your child more, check with the Child Maintenance Service and see if it impacts the maintenance you are to receive. Always try to resolve arrangements directly with the other parent. If this is not possible then consider mediation.
Q. Can my former partner and I agree to change arrangements in an existing Order?
A. Yes. Almost all Orders can be varied by agreement directly between the parents. If you are uncertain about how to proceed, it would be best to get legal advice and agree a variation of the order in writing so that everyone is clear.
It is worth noting, that during this current pandemic, the Courts are extremely busy. With the existing backlog of work and local Courts closing, it could be many months before you get a court date.
Please also bear in mind that if a Court hearing is already listed, it is likely that this will take place remotely, with the assistance of your solicitor or barrister.
Always consider other methods of resolving disputes about the arrangements for your children as there are many other ways of resolving disputes without resorting to our already overstretched court system.
If you require any further assistance, please have a look at the information available on our website or call us for further guidance.
Tara Sanger
Kay & Pascoe LLP