29th April 2020
If there is a Child Arrangements Order in place for your child[ren] to have contact with the non-resident parent, it is understandable that you may be questioning whether the Order needs to complied with in light of the current government guidance and the ‘stay at home’ rules. It is expected that these arrangements should be complied with unless your child’s or a vulnerable person within your household would be placed at risk by doing so. It is therefore an assessment that you will need to make.
The Family Court has issued guidance which highlights the need for parents to communicate effectively with each other during to this time and if an agreement can be reached for arrangements to be temporarily varied, it would be sensible to record that agreement in writing. If an agreement cannot be reached and a court proceedings are initiated by one parent, the court will look to see whether each parent acted reasonably and sensibly in light of the current guidance, together with specific evidence relating to the child or the family.
CAFCASS (Children and Family Court Advisory Support Service) have issued guidance to encourage effective co-parenting and to help you to maintain your child’s routine in these uncertain times. This is a reminder to all that parents need to find solutions that are in the best interests of the child.
Battrick Clark Solicitors are open for business and our Family Team are available by telephone or for virtual meetings should you need advice.