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Some separated parents will have a Court order setting out the contact arrangements for the child/ren, however, others will have amicably agreed contact arrangements with no Court order in place. The government guidance issued on 23 March 2020 in accordance with the Stay at Home Rules are:- “Where parents do not live in the same household, children under 18 can be moved between parents’ homes.” However in doing so, is not as simple as that, be pragmatic, assess your personal situation and make a sensible decision, taking into consideration the following:- 1. Parents should during these difficult times communicate with each other about any concerns and consider the welfare of the children to be paramount in finding a practical and safe solution. 2. Factors that should also be taken into consideration include the child/ren’s present health and well-being, the risk of infection and any vulnerable individuals in one household or the other. Where there is a Court Order in place Any terms of a Court order, which are varied by the parents amicably should be set out in writing, for example by email if possible or at least by text message. If the parties do not agree on the varied contact arrangements, then this should certainly be recorded in writing, by email or text message to the other parent so that if the matter returned to Court in the future a Judge can assess whether such variation of the terms was reasonable in light of the government advice. If direct contact cannot take place, then alternative arrangements should be made for the other parent to continue to enjoy regular indirect contact with the child/ren by Face-Time, WhatsApp video call, Skype, Zoom or other video connection, or by telephone, if that is not possible.
The divorce law in this country is still archaic and has not moved with the modern times and is in need of change. The Government has recently announced that it intends to make changes to the divorce law, which will ensure that the divorce process will no longer be fault based. Whilst it remains to be seen what exactly these changes will be, the Government must ensure that it does not make the divorce process so easy that married couples can obtain a divorce easily, without careful consideration. There will have to be a balance. The Statistics In recent years, the divorce rate has increased and statistics show that 20 years ago, 33 % of marriages ended in divorce whereas today about 40-50% of marriages end in divorce. Divorce Law At present there is only one ground for divorce, which is the irretrievable breakdown of the marriage and it has to fall into 1 of the 5 categories below. Adultery Unreasonable behaviour 2 years separation with Consent 2 years Desertion 5 years separation The most recent case of Owen v Owen (2018) which has been in the media limelight has caused an uproar. The Wife who had been trapped in a loveless marriage for years was not granted a divorce because the Husband did not agree to the divorce despite the fact that they are living separately and the wife is with another partner. Article: Women trapped in loveless marriage after judge refuses divorce (Guardian) Whilst the rate of divorce is increasing, there are more couples cohabiting, (a term used when couples live together) but they are not protected by the family law as they are not married. The Government is considering bringing in new law to protect this new family set-up where couples are not finding the need to get married and moving away from the institution of marriage. The trend certainly is that more couples are choosing to reside together as cohabitees in a family unit and have children.
42 High Street Harrow-on-the-HillHA1 3LL
42 High Street Harrow-on-the-HillHA1 3LL
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