How to Navigate Child Arrangements Between Separated Parents During the Coronavirus Pandemic

Note: Information about the current coronavirus pandemic is evolving rapidly. Please refer to your lawyer or other legal practitioners in your area to answer your specific questions related to family law and the COVID-19 crisis.

During these unsettling times, when the health and well-being of your children is foremost in your mind, it is important to consider carefully the impact the current Coronavirus pandemic may have on any current child arrangements agreement or Order.

It is advisable to be proactive and consider how best to manage well in advance any forthcoming contact arrangements. This will allow you to adequately forewarn your children of any changes to their routine and manage their expectations. Here are some guidelines and useful information that may be helpful to you:

1. Follow up-to-date Government advice regarding the protocols for staying healthy, minimising exposure to the virus and understanding what restrictions are imposed upon freedom of movement. At the time of printing on 24 March 2020, the advice from the Government is as follows: “Where children do not live in the same household, children under 18 can be moved between their parents’ homes.” These protocols should inform any contact arrangements until further updates from the Government are received. Furthermore, if you, your child, your ex-partner or anyone else living with you is in a high-risk health category, you must seek further specialist advice from your general practitioner (GP).
2. The starting point will be your usual child arrangements as agreed between you and your ex-partner or as per the terms set out in a current Court Order. A Court would expect you maintain and respect the existing arrangements as far is reasonable, bearing in mind the welfare of the children and in the context of the latest government health advice.
3. Be mindful that Court Orders can only be varied by agreement, not unilaterally, so it is imperative to communicate with your ex-partner clearly and be as reasonable and flexible as the circumstances allow. Keep well-documented notes of your discussions and negotiation.
4. It would be wholly inappropriate for any party to exploit the current Coronavirus pandemic and Government advice as a reason to unreasonably withhold or reduce contact between the children and their parent. Any judge, arbitrator or mediator, hearing a dispute in the current climate, will be "on the alert" for this.
5. It is vital to keep the lines of communication open and fluid, between you and your ex-partner, even in the most challenging of circumstances. The onus is on the parent with whom the child mostly resides to continue to promote contact with the non-resident parent.
6. Direct contact is between your children and their non-resident parent are permitted, but it is important that they are following the latest Government guidance with regard to restricted travel and isolation (as required), hand-washing and social distancing before spending time with your children.
7. You might have to become more creative to accommodate new contact arrangements in light of the restrictions on movement and in the case of imposed isolation. Explore the use of Skype calls, FaceTime and Zoom to facilitate consistent and meaningful contact in addition to traditional telephone calls. Consider how increasing the frequency of indirect contact could reasonably compensate for the loss of any direct contact with the non-resident parent.
8. Agree to both strictly limit the locations your children are visiting and the number of people they are coming into contact with to minimise the risk of infection for themselves and others.
9. If school lessons are still being given (for example, remote teaching is in place for the children of non-key workers), then term-time agreed or Ordered child arrangements should be followed, as permitted by government advice.
10. If the child arrangements begin to break-down with your ex-partner, do persist in considering other practical solutions that ensure an adequate level contact is maintained whilst your dispute is resolved.
11. Your solicitor will be able to advise you further or navigating any dispute by writing to your ex-partner, engaging the services of a mediator or arbitrator or by applying to the Court for the variation or enforcement of an existing Order. All hearings can now be conducted remotely, but there may well be delays obtaining a whilst the Court system adjusts. Mediation and arbitration can be a very efficient and effective way of resolving any dispute regarding child arrangements.
12. If your dispute does result in a remote Court hearing, given the current constraints on judicial time and the need to accommodate urgent hearings on complex matters, do bear in mind that the Court will not tolerate frivolous disputes that could and should have been resolved by other means. In the present circumstances, a Court hearing should be used only where the circumstances of a dispute justify a judge’s intervention. The over-riding message is for separated parents to be reasonably accommodating and creative in their approaches to contact and only to request a Court hearing as a last resort. The President of the Family Division, Sir Andrew McFarlane, issued this specific guidance for separated parents: “where the virus causes the letter of a court order to be varied, the spirit of the order should be delivered by making safe alternative arrangements for the child.”
13. What if self-isolation reasonably impacts upon the child arrangements you have previously agreed? For example, if your child needs to self-isolate with your ex-partner, resulting in a significant shift in your usual co-parenting arrangements? Do not be overly concerned about this altering the long-term arrangements or this being relied upon by your ex-partner as a reason to obtain more time with your child. If self-isolation demands that your child remains with your ex-partner, and is in his or her best interests, that must be respected. Following this isolation, it would be expected for usual arrangements to be followed, government-advice-permitting.
14. If you are concerned that you or your ex-partner may lose your employment and are worried about the immediate impact of this on any child-care arrangements, speak with your solicitor who can best advise you. Children thrive when routines are upheld and respected, and the sudden change in employment status of one partner needs to be carefully considered before introducing sudden change for all-concerned.

Please do be reassured that our lawyers are all working as usual and are here to assist and advise you at this challenging time. We are expertly placed to advise you in the most efficient and proportionate manner possible, before recourse to the Courts needs to be considered.