By Kim Mapperson, Solicitor
For most right now this is a very surreal time, over the course of the last week the schools and nurseries have closed, entertainment and eateries closed, public gathering limited to 2 people apart from with those in your household. In an attempt to slow the increasing pressure on the NHS and to slow the spread of this virus ultimately the Prime Minister announced on Monday evening that he was placing the county into lockdown. This announcement unsurprisingly has sent shockwaves across the country. The rules state that you should only leave your house for one of four reasons:-
Shopping for basic necessities as infrequent as possible, such as food and medicine.
One form of exercise a day, alone or with members of your household.
Any medical need or to provide care or assistance to a vulnerable person.
Travelling to and from work but only where this absolutely cannot be done from home.
Further clarification was required from many separated parents where children spend time in two households. The PM has announced strict reasons as to when we are allowed to leave the house and it was not clear whether children would now be allowed to spend time with both parents in separated families. Clarification arrived from Michael Gove that it is permissible for those under the age of 18 to move between separated parents’ homes.
These are unprecedented times and parents have been urged to act reasonably and in the best interests of their children. Sir Andrew McFarlane, President of the Family Division has provided further guidance to parents where arrangements for children apply and this can be found at https://www.judiciary.uk/announcements/coronavirus-crisis-guidance-on-compliance-with-family-court-child-arrangement-orders/.
In essence he provides practical and pragmatic advice as to how this can be achieved and he clarifies that when parents cannot agree, “but one parent is sufficiently concerned that complying with the terms of the Child Arrangements Order would be against current Public Health England’s advice, then that parent may exercise their parental responsibility and vary the arrangement to one that they consider to be safe.”
Where a parent wishes to raise any non-compliance with a Child Arrangements Order in the Family Court the court would consider whether a parent acted “reasonably and sensibly” taking into consideration government advice. There are ways to implement alternative contact with the use of facetime or skype video calls and the court will expect these options are adopted.
In unprecedented times it is hoped that parents, with their children’s interests in mind, could communicate effectively to make alternate arrangements that work for their children. Everyone’s circumstances are different.
The President’s key message is that “the spirit of the order should nevertheless be delivered by making safe alternative arrangements for the child.”