Coronavirus and your child contact arrangements

Wednesday 18 March 2020

This is undoubtedly a period of adjustment for us all. However, for parents who are separated and have spent time carefully considering the arrangements for the children following their separation, or are still navigating the court system to finalise the arrangements, this period of disruption is likely to throw up additional challenges.

To help you overcome some of these challenges, we have put together the following tips for child contact:

Keep up to date with advice

The first thing to emphasise is the importance of keeping up to date with advice from the Government, NHS and the Court Service (HMCTS).

The imminent changes to schooling, working patterns and childcare arrangements (as well as possible periods of isolation) could all have an impact on your usual contact arrangements, especially as the situation is constantly evolving.

If you have an upcoming court hearing, there is up to date advice about family court hearings being done remotely (by telephone or other communication methods) where possible.

There may also be changes to the way you file documents with the court and what their requirements are.

Here are some helpful websites:

https://www.nhs.uk/conditions/coronavirus-covid-19/
https://www.gov.uk/government/topical-events/coronavirus-covid-19-uk-government-response
https://www.gov.uk/guidance/coronavirus-covid-19-courts-and-tribunals-planning-and-preparation
https://www.gov.uk/guidance/hmcts-telephone-and-video-hearings-during-coronavirus-outbreak

Consider whether there is room for flexibility

Whilst it is preferable for a child to have routine and stability, the impact of the developing advice or a required period of isolation for a parent or child may unfortunately result in the child missing their usual time with another parent.

Ultimately, you want to achieve as little disruption for the child as possible. Consider having a discussion with the other parent about a temporary amendment to the usual arrangements, or some additional time (when possible) to make up for missed contact.

During the period of isolation, discuss whether FaceTime, Skype or video calling can be used for the parent and child to keep in touch, or even video messages and the sharing of photos and/or letters or emails.

If not in isolation and depending upon the current advice, consider if it’s possible and appropriate for there to be additional contact with the parent with whom the child doesn’t live, especially if this can assist with child care and home working.

If there is an existing Order in place and contact which is ordered by the court is likely to be missed, you might need additional legal advice.

Contact venues

Contact centres and play-gyms are common venues for contact to take place, however unfortunately these may be not currently be an appropriate venue and may be closing temporarily, which brings into question where contact can take place.

Whilst making sure that there is no breach to an existing court order and the arrangements are appropriate, you could consider whether there is another option available, such as the parent and child going for a walk together or choosing an alternate suitable venue.  We stress the importance of keeping up to date with the Governments advice, which is constantly under review, as this may impact your decision making.

Sharing information

It is worth remembering that a parent with Parental Responsibility has the right to be involved in major decisions about a child, including medical treatment. If a child or parent becomes unwell it is understandably going to cause concern.

Keeping each other updated will help to alleviate some of these worries. Remember to share details of any new illness as well as updates about school closures/re-opening, cancelled clubs or alterations to your working arrangements and consider whether this would give rise to a change of contact and/or handover arrangements. Try to have some suitable alternate handover locations in mind if necessary.

Children, especially older children, are likely to have some understanding of the issues that are going on and will have concerns.  Talk to your ex-partner about how you might want to discuss the current pandemic with them to try ease their anxieties and what online resources you might want to both share to help answer some of their questions.

If you would like to discuss any child contact concerns, please contact a member of our Family Law team who will be happy to offer initial appointments over the telephone.