COVID Child Contact Plans
Click to read: FURTHER ADVICE ON CHILD ARRANGEMENTS DURING THE CORONAVIRUS (COVID-19) CRISIS**
We are in the midst of a global pandemic that is unprecedented. While a number of areas are being addressed by the government and the news, there is currently no formal guidance on child contact arrangements between separated parents.
This is particularly difficult for parents who have robust court orders setting out precise contact arrangements. It may feel that the plan has gone out of the window. You might need the other parent to take on more childcare responsibility whilst you continue as a key worker, or you may be unable to facilitate handovers as you are vulnerable and need to self-isolate.
Whatever the situation, we would encourage you to remain child focused and ensure that the children’s needs are at the forefront of everyone’s minds. Our advice is to adopt the most sensible approach and keep contact going if it is possible and safe to do so. With schools and nurseries closed there will be a lot of uncertainty for children of all ages, so it is important to keep as much structure and normality as possible.
What to do if you are self-isolating?
If you are self-isolating because someone in your household is unwell or vulnerable, it is important to maintain some form of contact between the child and the non-resident parent. Sudden changes, such as the removal of a parent during an already difficult time, can be damaging to a child’s mental health. Children who do not have contact with their other parent for many weeks may worry that the parent is unwell or even that they have passed away.
Consider video or telephone calls during this time to reassure the child. Indirect contact may require some creativity so explore apps that enable the other parent to play with the child, do interactive homework or read stories to keep that level of connectivity up. The postal service might be strained over the following weeks so make plans to use email for exchanging photos, updates and e-cards.
Where possible, plan with the other parent to make up time that has been lost during this period at a later date.
Contact Facilitated in Contact Centres
**Update: Contact Centres are now closed.**
As guidance from the government sees the closure of all schools nationwide, there is the presumption that this will also be applied to contact centres. On 13 March 2020, the National Association of Child Contact Centres issued its own guidance to all accredited contact centres that falls in line with NHS public health guidance. This will not be applicable to independent centres.
Some contact centres are still running, but practising good hygiene by ensuring hand washing facilities and hand gel are available to all service users. We strongly urge all contact centre users to make direct contact with their centre to confirm their policy and notify them if you or your child are too unwell to attend.
Existing Child Arrangements Orders
Parents with International Child Arrangements Orders will be the most affected. In this situation, you have no option but to put face to face contact on hold until the Foreign Commonwealth Office advise that travel is safe. We suggest that you agree to more frequent indirect contact during this time to reassure your child.
For parents with existing Child Arrangements Orders within the UK, these orders remain valid and must be adhered to as much as possible, where it is safe to do so. The Courts will want to know that contact has only been stopped in legitimate cases where it is unpreventable or the child/parent is unwell.
It would be sensible to refer to your Order, as some do contain protocol for emergency situations or school closures. All orders allow for agreements to be made between the parents.
Temporary Changes to Child Arrangements
Most parents will need to put a temporary alternative child arrangements plan in place.
Where both parents are working from home or off work during the pandemic, this may involve moving to the summer holiday part of your contact order, with an agreement that you will both be responsible for the child’s home-school learning.
For parents who usually facilitate handover via an elderly relative, it may be wise to line up a number of alternatives to step in. For those who have contact at Grandparents’ houses, it may be wise to start contacting relatives to arrange an alternative venue or considering contact at the family home.
All arrangements will require a degree of practical flexibility. We suggest this is best broached through a conversation with your child’s other parent to see if you can reach a solution between you. If you struggle to have this conversation, then a family member or trusted friend might be able to broker an agreement.
Where the situation is more complicated or you are not making the progress you feel you should, you could benefit from the support of a solicitor. At Allard Bailey Family Law, our solicitors are skilled and experienced negotiators and can act on your behalf. You can rest assured that our modern working practices and flexible approach mean we are able to continue working throughout the pandemic to provide legal assistance tailored to your situation.
**On 24 March 2020 the Family Court issued specific advice, you can refer to our latest blog for the most current information. Click to read: FURTHER ADVICE ON CHILD ARRANGEMENTS DURING THE CORONAVIRUS (COVID-19) CRISIS**
If you need to instruct a Solicitor to assist with urgent Child Arrangements issues, Louise Allard or Sabrina Bailey can be contacted directly.
| Louise Allard: | +44 (0)7507 343411 | louise@allardbailey.com |
| Sabrina Bailey: | +44 (0)7507 343443 | sabrina@allardbailey.com |
Filed Under: Insight
There is violence in my relationship; what can I do?
Marriage is in trouble, but you don’t want to get divorced, can we just separate?
What is the process for applying for a child arrangements order?
As a fundamental legal instrument in Family Law, the Child Arrangements Order details visitation schedules and custody arrangements, prioritising the child's welfare in situations where parental or guardian agreement is lacking. By understanding this process, parents and guardians can make informed decisions that facilitate the amicable resolution of familial conflicts.
In the following sections, we will delve into the details of the process, including the role of the court, and provide expert guidance to navigate the procedure smoothly.
What if my spouse refuses to accept the divorce?
Eligibility for divorce
You can get divorced in England or Wales if:
- you have been married for over a year;
- your relationship has permanently broken down; and
- your marriage is legally recognised in the UK.
Is surrogacy legal in the UK?
What is surrogacy?
Surrogacy is when a woman carries and births a baby for a person or couple who may be unable to conceive or carry a child themselves. The woman carrying the child is known as the surrogate and the couple or individual who will become the child’s parent are often referred to as the Intended Parent(s) (IP(s)).Is Private Financial Dispute Resolution a Good Idea?
You can reach an agreement about your divorce finances between yourselves and this is usually preferential to going to Court. However, your divorce settlement must be approved by the Court to be legally binding.
The Court will look for evidence that the financial settlement is fair and meets both of your needs without putting one person under undue pressure or hardship.
As the concepts of fairness and hardship are subjective, it can be difficult to reach an agreement that you both consider to meet these criteria. In this situation, you can request that the Court makes the decision about how to separate your marital finances for you.
Should we go to Court or Arbitration to settle our Divorce?
If you have different views on what is fair, disputes about finances, property and children can continue for months or even years.
If you are unable to reach a compromise through other means, you might consider Family Arbitration as an alternative to Divorce Court.
This blog outlines the process of Divorce Arbitration, highlighting some of the key advantages and disadvantages to help you decide whether to consider it as an option.
Can I Change My Child Maintenance Payments?
The route to change child maintenance payments depends on whether you are making Court-ordered payments or whether your child maintenance is dealt with by the Child Maintenance Service (CMS).
In this blog we focus on the options available to a paying parent who needs to reduce child maintenance payments. However, the same principles of process apply to a receiving parent who wishes to increase payments.
It is important to remember that the repercussions of reducing or stopping payments without agreement are serious and can have a long term effect on your financial situation. It is therefore advisable to take advice from a specialist at the earliest opportunity.
How are Gender Recognition Laws Changing in UK?
Following five years of consultation, the Gender Recognition Act Reform Bill was heard by the Scottish Parliament at the beginning of March. The proposals include reducing the waiting time from two years to three months; removing the need for a medical diagnosis; and reducing the minimum age to apply for a Gender Recognition Certificate from 16.
The proposals are welcomed by Scottish Trans, but they believe the reforms "would still see Scotland with a gender recognition law that is far from world-leading". Where does this leave the trans community south of the border?
Break the Bias When Parents Separate
Women generally take the lead in caring for children and this can leave them in a vulnerable situation if their relationship ends.
We highlight this issue for married and unmarried mothers, discussing how Prenuptial Agreements and Cohabitation Contracts can #BreakTheBias when parents separate.
International Women's Day 2022 #IWD2022
How are Divorce Laws Changing? “No Fault Divorce”
Designed to reduce conflict in divorce proceedings, No-Fault Divorce will remove the need to appoint blame for the breakdown of a marriage or civil partnership and allow couples to make a joint divorce application.
This is a significant change to family law in England and Wales, which has traditionally required one spouse to divorce the other, usually on the grounds that their actions caused the relationship to fail.
Could Mediation Help you Resolve your Family Law Dispute?
It is a practice intended to help people in dispute reach agreement on their own - so that you do not need to involve the Courts.
The idea is that you discuss the situation directly with the other person and try to reach an agreement between you. However, you are able to take independent legal advice at any stage of mediation and it is possible for a solicitor and / or other professionals to attend mediation with you.
All mediation is overseen by a trained and impartial third person, known as the mediator.
Using a Child Contact Centre
It is common for a parent to leave the family home without a fixed address, meaning they do not have anywhere appropriate to take their child.
There will sometimes be extreme circumstances that led to the separation, or it may simply be that the parents’ emotions are too raw and they cannot face seeing each other.
This can be difficult for children who feel caught in the middle.
Could a Co-Parenting App help you Stay Child-Focused?
Apps can provide a focused method of communication which is solely about the children.
Many parents find that apps help them keep on top of their children’s lives and minimise conflict. If communication between parents is breaking down in other settings, such as face to face or by WhatsApp, a co-parenting app can ensure there is always an open channel of communication to make arrangements for your children.
Could Child Inclusive Mediation Help You Agree Child Arrangements?
It is a time of great change and emotion for everyone and it can be difficult to set that aside and reach an agreement between you.
Court proceedings are stressful for all concerned and there is significant delay in the system, but there are alternatives.
We highlight Child Inclusive Mediation as an alternative means of resolving children matters, which can help you lay the foundations for a strong co-parenting relationship moving forward.
Practical Ideas to Continue Contact with your Child
What can parents do to make it easier for children and show that they are still valued by both?
First remember there are many types of contact and if your child misses you, there is rarely a good reason that contact should be limited to the days they see you.
In the age of telephones and video calls, children should be able to speak to both of their parents every day if they want to. You can also write, email and communicate on social media if it is appropriate for your child.
Could a Parenting Plan Help Your Child?
It is natural for this conversation to focus on where they will live and when they will have contact with each parent. It is not easy to know what else to discuss and how to approach it.
Preparing a Parenting Plan will help you consider the entirety of arrangements for your child and how you will work together to parent them moving forward.
By considering situations before they occur, you can provide more certainty and a more positive environment for your child.
Five Steps to Keep Your Child’s Needs at the Forefront of Separation
How parents behave during a divorce or separation will have an impact on the happiness, health and wellbeing of their children.
To minimise the negative effects, it is important to bear this in mind from the outset and set a tone for the separation that keeps your child’s needs at the forefront.
We have prepared five practical steps that can be taken to ensure your child’s needs come first and that a strong foundation is laid for a positive co-parenting relationship.
How do I know if our Prenuptial Agreement is Fair?
A Prenuptial Agreement allows couples to have a degree of self-regulation over their affairs and set out from the outset what will happen if they separate.
It is not about trying to make sure your new spouse does not get anything, but allows couples the opportunity to decide what would be fair for themselves. Most people find it easier to do this when they are experiencing the best of times.
About Us
As a specialist firm, we focus on all areas of family law and legal matters that affect private wealth.
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