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AIBU?

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Step children and lockdown WWYD

56 replies

familyof4boys · 23/03/2020 21:20

My DH and his EW have 50/50 contact with the children. We were planning to share their care, homeschooling etc. Can we still do this with the lockdown? Is he allowed to go and get them? WWYD? So hard to know what to do!

OP posts:
TooTrusting · 24/03/2020 16:29

This is what CAFCASS says

Unless there are justified medical/self-isolation issues
guidance or expectation associated with leaving the house in your area – children should also maintain their usual routine of spending time with each of their parents. If there is a Child Arrangements Order in place this should be complied with unless to do so would put your child, or others at risk. This will help your child to feel a sense of consistency, whilst also reassuring them that the parent they don't always live with is safe and healthy.
✓ If you're not able to maintain your child's routine due to illness or self-isolation, or non- availability of people who ordinarily support your child’s contact, then communicate clearly and honestly with your co-parent. If it is not safe for you to communicate directly
(for example, if there has been a history of domestic abuse) then consider using a
trusted third party to help you.
✓ Think creatively about how you can support your child to stay in touch with their other parent and family members during any period of self-isolation. Skype and Facetime can be great ways to catch up and can be used to read stories, sing and play together. With older children you could also consider a watch party – where you gather online to watch a movie or video, commenting and ‘reacting’ in real time.
How to talk to your child about Covid19: “Provide facts about what has happened, explain what is going on now and give them clear information about how to reduce their risk of being infected by the disease in words that they can understand depending on their age” World Health Organisation, March 2020
✓ If any court directed spending time arrangements are missed, think about how you and your co- parent may be able to ‘make up’ your child’s time after the restrictions are lifted. Remember, any rearranged spending time arrangements should always be for your child’s benefit and should not be used as a source of tension or conflict – especially at a time when your child is likely to be feeling anxious about the effects of the pandemic.

TooTrusting · 24/03/2020 16:32

It makes it very clear that there exemption is not a blanket exemption but needs to be interpreted.

Children are not objects and the lockdown is to protect them (as members of the wider general population)

MovinOnUp · 24/03/2020 16:35

Thank you so much @TooTrusting

I would love to think he'll put the children's wellbeing first, I am holding out hope that EX will do the right thing and leave them where they are....But I have a horrible feeling that as it's me that has the low immune system he won't care.
They could Skype or phone...mind you, I told him we were self isolating last week as DD had a high temperature and he hasn't so much as text to see how she is.

TooTrusting · 24/03/2020 16:55

From today's Law Gazette

Edwards understands that the Ministry of Justice and the judiciary are hastily working on detailed guidance for separated parents. 'The reality is that many existing orders or agreements will have to be ripped up for the duration of this crisis; parents will have to be creative; and, if they cannot agree a new arrangement, ask for a mediator to assist e.g. via Zoom or, in extremis, for the courts to help,' she added.
Gillian Rivers, a partner at Pennington Manches Cooper, said that when Covid-19 reared its ugly head, her firm faced a sudden influx of refusal to permit previously agreed contact sessions. Rivers said judges are well aware of a parent who is 'cynically trying to manoeuvre themselves into the spotlight of their child`s eyes, putting the other parent into the shadows... I foresee any parent who believes they are outsmarting the wisdom of the family judges, by simply denying contact on the basis that they are self-isolating with the child, will be met by a robust judicial response, particularly if their denial of contact forms a pattern of historic hostility towards supporting an ongoing relationship with the other parent'.
She added: 'Whether the machinery of the courts will be strong enough to deal with the inevitable influx of enforcement applications for breach of contract remains to be seen. Although, anecdotal evidence of virtual hearings, both interim and final, is good.'

Bibidy · 24/03/2020 16:59

Unless there are justified medical/self-isolation issues guidance or expectation associated with leaving the house in your area – children should also maintain their usual routine of spending time with each of their parents. If there is a Child Arrangements Order in place this should be complied with unless to do so would put your child, or others at risk

But surely in the current climate, anybody going in and out of more than one household is putting others at risk? Child or adult.

I know it's heartbreaking for parents to think of not seeing their children (in person) for a few weeks but it's very short term.

I'm really surprised that the government is advising this. If children are safe in one home with one parent, and that parent is able to care for them for the time period, they should stay there. Many people are having to sacrifice seeing elderly parents who have no other contact at all, at least children are with one of their parents and their siblings. Contact can resume as normal in a few weeks.

TooTrusting · 25/03/2020 15:10

Would you look at that? The President of the Family Division agrees with me.

www.judiciary.uk/announcements/coronavirus-crisis-guidance-on-compliance-with-family-court-child-arrangement-orders/

Children MAY move between households but do not HAVE TO where there is a sound and cogent reason not to.

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