Separated Parents Warned Not to Exploit Lockdown Guidance
The President of the Family Division, Sir Andrew McFarlane, has warned that if parents are deemed to be exploiting the coronavirus (COVID-19) lockdown to stop the other parent from seeing their child, they could face court action.
He warns, "if parents are acting in a cynical and opportunistic manner, then that’s wrong, and the courts will regard it as wrong".
What is the Current Guidance?
The guidance for parents who live separately states that children under the age of 18 can be moved between parents' homes after a sensible discussion, and having considered all of the potential risk factors. The health and safety of all concerned should be paramount.
What Can I Do?
VWV's Family Team have been inundated with calls from concerned parents who are either worried about their child visiting the other parent, or upset and frustrated after being told they cannot see their child - sometimes with very little explanation.
There are a number of ways you could look to address this, depending upon your circumstances:
Communication
Honest and frank conversations with the other parent are key. If your concerns are genuine, ensure you articulate your reasons in such a way that the other parent can clearly understand and acknowledge that you are putting the safety of your child or family first. These conversations may then provide the opportunity for the other parent to help ease any concerns you have, and where possible make changes that help put your mind at ease.
Legal Advice
Obtaining advice from an experienced family solicitor might be helpful. It provides an opportunity to discuss your concerns with a third party who has the benefit of understanding the law, and how your particular case would be considered by the family court. A solicitor will be able to provide you with practical tips on how you can communicate with your ex-partner to hopefully reach a mutually agreed arrangement and/or provide you with guidance if you wish to take further action. Our experienced solicitors are working remotely and are able to take instructions from you however suits you - be that telephone, video, or email.
Mediation
If discussions between you and your ex are difficult, it may be sensible to consider whether mediation may be a way of facilitating your conversations. Mediators act as an independent third party and help facilitate discussions in a child focused way. They are able to assist you and your ex-partner to identify the issues and help you reach a suitable agreement. Ordinarily, these meetings would be physical face to face meetings, however many mediators are now using virtual calls to ensure that clients still have access to mediation services.
Court Action
If you currently have informal arrangements in place that aren't working, you may wish to apply to the court for a child arrangement order. The courts are still open for business and applications can be made online.
If you already have a court order, and you or the other parent is in breach, you could seek to apply to the court to vary or enforce the court order. The court will not enforce the order if it is satisfied that a party has a reasonable excuse for failing to comply with the provision of the child arrangement order. The burden of proof lies on the person claiming to have had a reasonable excuse and the standard of proof is the balance of probabilities.
Frequently Asked Questions
We hope this article has provided you with some points to consider. In addition, we have prepared a list of frequently asked questions which we hope will help answer any specific questions you may have.