Covid-19 and the challenge of moving children between separated parents

Not only has the coronavirus pandemic forced us to experience huge changes to life as know it, but it has also brought about a plethora of unprecedented issues within the family law context. It therefore comes as no surprise that there is a sense of uncertainty among separated parents concerning contact arrangements for their children.

In Italy for example, the government remained silent in relation to this issue which meant that as a result, parents were left with no option but to apply to the Family Courts to determine whether arrangements should remain in place or be varied in light of the situation.

Those who have Child Arrangements Orders in place are justifiably concerned that they will be unable to meet the provisions of the Court Order. The government helpfully confirmed in guidance issued on the 23^rd of March that where parents do not live in the same household, children under 18 can be moved between their parents’ homes. This however does not necessarily mean that children must be moved and so this is a decision for both parents to make in the individual circumstances. The parents should make an assessment of the circumstances and make a sensible decision, which may include determining the best scenario for the welfare of the child together with identifying the risk of infection and the presence of others in each household/the profession of each parent.  It goes without saying that both parents and children should exercise caution and take the necessary measures as set out within the government guidance on social distancing, particularly when travelling to and from contact handovers.

We would always advise that the first step would be to have a discussion with the other parent to reach an agreement on contact.  This might include reducing contact hours, that the child remains with one parent for the time being or to continue with frequent contact, even through online facilities.  Clearly if an agreement cannot be reached then mediation remains an option, as does an application to court.

The question is whether a change to the lockdown rules will bring a return to usual routines for separated parents and their children.  It can only be hoped that any animosity brought about by a brief change in arrangements does not accelerate into court proceedings once we return to a normality of sorts.