As our world opens up, government guidance on social distancing has left many separated parents not knowing where they stand, with co-parents worried about breaching an agreement or order, or worried that they will miss out on quality time with their children. 

Associate & Family Law Executive Lisa Harbour has put together some information on where you stand as a co-parent.

The law is clear in that parents who share parental responsibility must work together to make significant decisions concerning a child’s welfare, for example with respect to education and health. 

There is also a general presumption that children should benefit from a relationship with both parents, unless there are welfare concerns, but even then, it can still be possible to agree some level of contact with appropriate safeguards in place.

What is clear is that in light of COVID-19 parties are going to need to be flexible and work together, even where there is a black and white Court Order in place. 

Children’s welfare is the paramount consideration of the Court at all times and so if their health requires them to stay at home, it would be difficult to convince a Judge otherwise. 

At the opposite end of the spectrum, the COVID-19 outbreak is not an excuse for contact to be withheld without good reason. 

The Government guidance issued on 23rd March 2020 is quite clear in that, where parents do not live in the same household, children under the age of 18 can still move between their homes.

However, in the event that there are vulnerable people in either household or family members with symptoms of coronavirus, physical contact with one parent will likely cease or shared care arrangements may break down. 

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Separated and working together, sometimes remotely

In the event that physical contact cannot take place it is important to remember that we live in a modern world. Self-isolation and social distancing does not mean that indirect contact via telephone, FaceTime or Skype cannot continue to take place to ensure that key family relationships are maintained.

I have no doubt that the prospect of not spending time with your children for days, weeks or perhaps even months is a scary one. This is what makes it all the more important for parents to work together and for us to get creative in terms of making sure that children continue to enjoy a relationship with both parents. 

Helping you navigate the situation

There are numerous avenues that can be explored before having to involve the Court and at Jackson Lees we have Resolution accredited professionals who are geared towards a constructive and more amicable approach.

If parties are unable to agree, the Courts are open and people are still able to negotiate, mediate and make an application to Court if necessary, or vary existing orders if needed.

Ultimately, every family is different and, here at Jackson Lees, we recognise that.  There is no better time than the present to attempt to resolve any issues regarding the arrangements for your children and we are more than happy to help.

Since lockdown began, we have remained very much open for business virtually and continue to handle all client cases and new enquiries as if we were in the office. We are able to offer telephone consultations, and, where practical, video meetings.
If you would like to talk to one of our specialist family law advisers, please call us free on 0808 271 5266 (also free to call from mobiles) or email family@jacksonlees.co.uk or visit our website www.jacksonlees.co.uk

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