COVID 19: Can I still see my children?

On Monday 23 March Prime Minister Boris Johnson announced an unprecedented lockdown preventing people from leaving their homes except for a few, very limited exceptional reasons including to buy food and medications. Initially, it was not clear whether the limitations included the right to leave the house in order to take children to and from the homes of parents or carers where the children spend time in different households. Where do you stand when it comes to seeing your children during the Coronavirus lockdown? We consider the practical implications.

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Can I still see my children during the lockdown?

Thankfully, whilst it initially appeared that the lockdown would prevent children moving between households, it has since been confirmed by the Government that it is permitted to move children under 18 years of age between their parents’ homes provided that the movements are limited to only those that are considered necessary.

Can we change the arrangements that we have already agreed or that have been ordered by the court?

Yes, provided that the parents/carers agree and it is also in the interests of the children. For example, it may be more practical for the children to live with the other parent/carer for a period of time. This might be the case where one parent is a key worker and continues to work whilst the other parent is at home and more readily available or where one parent/carer is potentially vulnerable or at higher risk from Coronavirus.

What if one of the parents or children is experiencing symptoms?

The Government advice is that anyone displaying symptoms must self-isolate and all members of the same household must also self-isolate for 14 days. In such instances, it will not be possible for children to move between households and I would strongly urge parents/carers to work together to find a workable solution, including extra reliance on telephone and video calls in order to ensure that contact is maintained until the period of isolation comes to an end.

I haven’t yet agreed child arrangements with the other parent/carer, what should I do now?

I strongly urge you to keep the lines of communication open and to try to find an arrangement that works for all of you. Keep the best interests of the children central to all negotiations and discussions and ensure that regular contact is maintained as far as possible including video, telephone and face-to-face contact where possible. This is especially important at a time like this when the children will already have been experiencing a dramatic change to their normal routine and need as much support and stability from their close family as possible.

We can’t reach an agreement, what should I do now?

Strongly consider speaking to one of our family law experts who will be able to offer support and guidance during this difficult time. We can explain what rights you have and what options are available to you and how they can be accessed quickly in order to resolve the situation as simply and amicably as possible.

 

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