Parents living separately may have breathed a sigh of relief on hearing the Government’s announcement that children can be moved between parental homes during the coronavirus lockdown.
Kathryn Bew, Family Law Associate at Thrings, explains that providing a calm and reassuring environment throughout this time of societal upheaval is important for the children, alongside avoiding sanctions for parents.
As parents, you will likely not need reminding that the Government’s imposed lockdown, self-isolation and school closures mean that many children are confined to the family home for an indefinite period. The uncertainty around when schools will reopen and lockdown measures relaxed is creating stress for most parents. For those who are separated, there is also the challenge of ensuring that the children see each parent – as per voluntary agreements and court orders.
Coronavirus and childcare arrangements
It is important to remember that the courts encourage shared parenting and flexibility when it comes to childcare, and there are sanctions for breaching Child Arrangements Orders. Under normal circumstances, the result of doing so can be a fine, unpaid community work and, in extreme cases, prison sentences.
Understandably, parents subject to such orders may fear being penalised if they isolate their child. However, the child’s welfare is always the main consideration in a court’s judgement.
On this basis, whether the court chooses to impose sanctions is dependent on there being a ‘reasonable excuse’ for not adhering to the order. Common sense would dictate that following Government guidelines and safety practices would be the most measured approach for a parent to take.
Nevertheless, parents should not see this as an excuse to prevent the other from enjoying quality time with their children. The courts strongly hold the view that it is in a child’s best interests to spend time with both parents. It is therefore important to reinstate the usual arrangements as soon as practical.
Adopting a conciliatory approach
When it comes to children, the absence of routine may make it more difficult for them to cope with the non-resident parent’s absence. Therefore, it’s essential to find age-appropriate ways to explain why it’s not possible to see the other parent. To maintain an amicable relationship between parents, it’s worth looking to reschedule time missed with the children.
Maintaining contact
Technology has become a vital tool for keeping in touch with loved ones during this pandemic. In an effort to maintain contact, you can introduce your child to video communication technologies like Skype, as well as encourage phone calls and emailing.
It is not clear how long the pandemic will last, but a collaborative approach will likely reap benefits in the future.
Kathryn Bew, Senior Associate Solicitor, Thringsemail hidden; JavaScript is required
Photo courtesy of Thrings