Category: Covid-19

If you accept that this is for public health reasons the resident parent should agree to facilitate alternative arrangements so that your child[ren] can still see you at the same intervals as would have been the case if you were have face to face contact.  This should be via Telephone/ Skype/ FaceTime/ WhatsApp and or Text and Email.  If you are unable to achieve agreement about this you should return this matter to court if proceedings are pending or where proceedings are not currently pending you should consider issuing a court application.

If you are of the view that the resident parent is failing to act reasonably and is relying on the public health advice inappropriately in order to obstruct you from having contact with your child[ren] then you should either return this matter to the court, if proceedings are pending or issue an application.

What if the non-resident parent refuses to return the children?

If you accept that this is for public health reasons the non-resident parent should agree to facilitate alternative arrangements so that your child[ren] can still see you at the same intervals as would have been the case if you were have face to face contact.  This should be via Telephone/ Skype/ Facetime/ WhatsApp and or Text and Email.  If you are unable to achieve agreement about this, you should return this matter to court if proceedings are pending or consider issuing a court application.

If you are of the view that the non-resident parent is failing to act reasonably and is relying on the public health advice inappropriately in order to obstruct you from having your child[ren] returned then you should either return this matter to the court, if proceedings are pending or issue an application. Continue reading “What if the resident parent won’t let me see the child[ren]?” →

The new ruling means that couples who do not live in the same household should not see one another. That means that if one parent has started a new relationship, they should not continue to see their new partner. If the other parent is already living with a new partner, it is acceptable to ask questions to reassure yourself that they are also adhering to the Government’s ruling, for example, are they only going outside for reasons the Government has indicated would be acceptable.   These are all identified in the Health Protection (Coronavirus Restrictions) (England) Regulations 2020.  For the sake of clarity these are all listed below:

Section 6.—
(1) During the emergency period, no person may leave the place where they are living without reasonable excuse.

(2) For the purposes of paragraph (1), a reasonable excuse includes the need—

(a ) to obtain basic necessities, including food and medical supplies for those in the same household (including any pets or animals in the household) or for vulnerable persons and supplies for the essential upkeep, maintenance and functioning of the household, or the household of a vulnerable person, or to obtain money, including from any business listed in Part 3 of Schedule 2;

(b) to take exercise either alone or with other members of their household;

(c) to seek medical assistance, including to access any of the services referred to in paragraph 37 or 38 of Schedule 2;

(d) to provide care or assistance, including relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding of Vulnerable Groups Act 2006(1), to a vulnerable person, or to provide emergency assistance;

(e) to donate blood;

(f )to travel for the purposes of work or to provide voluntary or charitable services, where it is not reasonably possible for that person to work, or to provide those services, from the place where they are living;

(g) to attend a funeral of—

(i) a member of the person’s household,

(ii )a close family member, or

(iii) if no-one within sub-paragraphs (i) or (ii) are attending, a friend;

(h) to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;

(I )to access critical public services, including—

(i) childcare or educational facilities (where these are still available to a child in relation to whom that person is the parent, or has parental responsibility for, or care of the child);

(ii) social services;

(iii) services provided by the Department of Work and Pensions;

(iv) services provided to victims (such as victims of crime);

(j) in relation to children who do not live in the same household as their parents, or one of their parents, to continue existing arrangements for access to, and contact between, parents and children, and for the purposes of this paragraph, “parent” includes a person who is not a parent of the child, but who has parental responsibility for, or who has care of, the child;

(k) in the case of a minister of religion or worship leader, to go to their place of worship;

(l) to move house where reasonably necessary;

(m) to avoid injury or illness or to escape a risk of harm.

(3) For the purposes of paragraph (1), the place where a person is living includes the premises where they live together with any garden, yard, passage, stair, garage, outhouse or other appurtenance of such premises.

(4) Paragraph (1) does not apply to any person who is homeless.

You will have seen that some Government advice has been for couples who are living apart to move in together at this time.  However, where there are children involved, and the “other” parent plans to arrange for their new partner to move in to live with them and the child[ren] or if they have already done so, you may want to know about the new partner and in particular their background and suitability to live with your children.  In such circumstances, you should not hesitate in asking reasonable child focused questions which should be on the advice of your solicitor if you are legally represented. Continue reading “What if the “other” parent or I have a new partner?” →

Am I entitled to see my children during this period of lockdown?

The short answer to this is YES.  Although in strict family law terms, your children are entitled to see you subject, of course, to any agreement you have reached with the “resident” parent and or any court order which exists in relation to your child[ren] arrangements.

How and where am I entitled to see my child[ren]?

On 26.03.20 Parliament introduced The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.

Regulation 6 provides 11 examples of what is a “reasonable excuse” to be outside.  The ones that are likely to be relevant to family cases are as follows:

Para h: to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;

Para j. in relation to children who do not live in the same household as their parents, or one of their parents, to continue existing arrangements for access to, and contact between, parents and children, and for the purposes of this paragraph, “parent” includes a person who is not a parent of the child, but who has parental responsibility for, or who has care of, the child;

Para m. to avoid injury or illness or to escape a risk of harm.

What this means is that, where agreed, or where court ordered, the non-resident parent may continue to have contact with their child[ren] and or have them live with him or her for the agreed or court ordered specified time.

Either parent may leave their home in order to facilitate such contact, for example for collection and return of the children, whether this is from each other’s homes or at an agreed or court ordered meeting place. Continue reading “COVID 19 Lockdown: what this means for the separated parent” →