Parents not to use COVID-19 to inappropriately frustrate contract

Thursday 23 April 2020

The President of the Family Division, Sir Andrew McFarlane, has given an interview to the BBC and reminded parents that the current pandemic should not be exploited or used to stop contact unnecessarily.

You can read the full article here.

Sir Andrew McFarlane reminds parents of the importance of keeping the child’s welfare their focus and emphasises that, “If the parents are acting in a cynical and opportunistic manner, then that’s wrong, and the courts will regard it as wrong.”

Sir Andrew McFarlane had already released guidance on 24 March 2020 (here) on compliance with existing Child Arrangements Order during the current crisis. The guidance emphasises the importance of parent’s abiding by the ‘Rules on Staying at Home and Away from Others’, but again clarifies that these rules do permit a child under the age of 18 being moved between their parents homes if they do not live in the same household.

This does not mean that the child(ren) must be made available for contact if it is genuinely not suitable and the guidance reminds us that parental responsibility rests with the child’s parents and not with the court.

The key aspect is therefore whether any suspension of the contact arrangements is reasonable. If one parent acts on their own in suspending the arrangements and they are later questioned by the other parent in the Family Court, “the court is likely to look to see whether each parent acted reasonably and sensibly in the light of the official advice and the Stay at Home Rules in place at that time, together with any specific evidence relating to the child or family”.

From further reading of the guidance, parents are reminded that when contact is suspended the ‘spirit’ of an existing Child Arrangements Order should still be delivered and the parents should make safe alternate arrangements, such as video or telephone calls.

Parents might therefore find it helpful to communicate their concerns at the earliest opportunity with the view to agreeing the most appropriate arrangements for the child(ren) during the crisis.

If you would like more information on any of the above, or would simply like to discuss your child contact concerns, please email or call our Family Law team today on 0113 227 9285.