Blog Post

Separated parents co-parenting during the Covid 19 pandemic

Anna Patel • April 17, 2020

What are the rules as we move into the second phase of lockdown

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.

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