Lisa Russell

The third national lockdown – forced by a surge in the new variant of Covid-19 – will no doubt further increase logistical and practical challenges for parents who are divorced or separated.

Estranged parents are understandably concerned about arrangements for seeing their children after schools and colleges in England have been shut until at least half term and A-Levels and GCSEs cancelled.

Restrictions mean everyone must stay at home except those who cannot work from home. Leaving the house is only permitted for specified reasons including essential shopping, medical assistance and exercise.

Children under 18 whose parents are separated can still continue to visit parents they do not live with – providing both households are healthy and children are not put at risk.

Support and child care bubbles can remain the same but, as with previous lockdowns, children and their parents cannot mix with people (either indoors or outdoors) outside their parents’ households.

The latest school closures will no doubt be very difficult for separated parents who will need to ensure their children can participate in remote learning – regardless of whose home they are in throughout the week.

Children of key workers will be entitled to school provision and nursery school children can access Early Years childcare which will remain open.  It is vital that separated parents communicate regularly and are flexible regarding their usual child contact arrangements to enable each parent to continue to work.

The guidance from the President of the Family Division and Head of Family Justice, RT Hon Sir Andrew McFarlane back in March 2020 remains as relevant now as it was then. “It is for the child’s parents to make after a sensible assessment of the circumstances, including the child’s present health, the risk of infection and the presence of any recognised vulnerable individuals in one household or the other.”

There is a lot of evidence that children can thrive in separated families.  What is damaging for them is being exposed to conflict between their parents.  In situations where effective communication is not so straightforward mediation can help to work out suitable arrangements. It can also minimise the risk of children being “caught in the crossfire”.

Click here for more articles from Jones Myers Solicitors

About Lisa Russell

Lisa’s expertise in family law spans over 14 years and covers all aspects of child law, representing clients in the High Court, County Court and Family Proceedings Court.

Lisa acts for parents, children, grandparents and Local Authorities in proceedings. She also advises and represents parents, children and other family members in relation to private law children act proceedings. Lisa’s clients value her empathetic manner and sensible approach.

www.jonesmyers.co.uk

Front page photo by Mick Haupt on Unsplash

Following an unprecedented year, many estranged parents understandably have additional concerns and questions about the arrangements for their children during the festive period due to the Government’s Covid-19 restrictions.

In what can in normal circumstances be a difficult and emotional time of year, separated parents are also having to navigate further rules which will influence how families can spend time together during the holiday period.

Following a change in restrictions on 19^th December 2020, those living in the new four tiers in England can now only celebrate Christmas with members of their own household and support bubble. They cannot travel to other tiers to spend time with family and friends.

For people in tiers 1,2 and 3, a Christmas bubble can continue to be formed. However, this is now restricted to allow up to three households to meet on Christmas Day only. Christmas bubbles are no longer permitted between 23^rd and 27^th December. Family and friends in Tier 4 cannot be included in the Christmas bubbles of those living in the lower tiers.

It is recommended that everyone stays local and avoid travelling from a lower to a higher prevalence area. Importantly overnight stays are prohibited and therefore this in Christmas bubbles can spend time with each other during the day only.

If you are in an existing support bubble with someone who lives in a Tier 4 area, you can see each other on Christmas Day. If you choose to do so, you must not join a Christmas bubble with anyone else.

As with the earlier lockdown, children under the age of 18 can move between the homes of separated parents and their respective “Christmas Bubbles”.  Nobody else should be in two bubbles.

If one or both parents live in a Tier 4 area, children may continue to move between their parents’ houses, but neither household is permitted to join a Christmas bubble with others.

Here are our tips for managing your arrangements:

Plan Now – the earlier communications begin the better. Discussing the arrangements for Christmas early will allow time for consideration of each other’s expectations and plans and, importantly, compromise if there is no immediate agreement.

Remain Child-Focused – Like all children, mine have also experienced an extremely unusual and unsettling year. Unable to attend their normal nursery, school, alternative child care provision and extracurricular activities; they have also been prevented from socialising with peers, family members and enjoying the freedoms and experiences which childhood should bring.

Most children will no doubt have experienced confusion, worry and anxiety at one time or another during this pandemic.  Listen to your children’s views.

It is important to remember that Christmas celebrations do not have to take place on Christmas Day to be special and exciting for our children. The magic of Christmas can happen twice!  Now, more than ever, your children need to feel secure and loved and not bear responsibility for choosing between their parents and, in turn, their wider families.

Keep up to Date with & Remember the Rules – Depending upon which tier you live in, there is now just Christmas day when your children may have an opportunity to see their wider families which could include siblings, cousins, grandparents and other extended family members. It is therefore important to think flexibly and acknowledge that arrangements which worked previously may not this year for a number of reasons including the ‘normal’ division of time may not allow for both parents to spend time with the children during this one-day window – taking into account the new tier system.

For families where a separated parent wishes to travel abroad with children there are additional considerations. With travel restrictions changing daily, consult Government travel guidelines and be aware that the parent will need to ensure that all Covid-19 rules and precautions are followed including the need for quarantine and regarding any risk factors at the intended destination. The consent of the other parent who has Parental Responsibility must be obtained. If it is not given an Order from the Court granting permission to travel with the children is required. Bear in mind the Court system is currently under considerable pressure and it may not be possible for an immediate hearing – therefore the earlier the agreement or disagreement is established the better.

Have a Plan B – agree a contingency plan to avoid anxiety and disagreement at the last minute if original plans are not possible.

Seek Legal Advice – if you require legal advice in respect of the arrangements for your children during the festive period or otherwise please do not hesitate to get in touch. We offer 30- minute free consultations by telephone or video call.

Click here for more articles from Jones Myers Solicitors

About Lisa Russell

Lisa’s expertise in family law spans over 14 years and covers all aspects of child law, representing clients in the High Court, County Court and Family Proceedings Court.

Lisa acts for parents, children, grandparents and Local Authorities in proceedings. She also advises and represents parents, children and other family members in relation to private law children act proceedings. Lisa’s clients value her empathetic manner and sensible approach.

www.jonesmyers.co.uk

Main page photo by Elena Mozhvilo on Unsplash