Hello
We're seeing if we can get someone from the government to expand a bit on the guidance. In the meantime, if it's helpful, here's some advice we've been sent by legal chambers 4PB - it seems to mostly apply to parents with a court order:
Jonathan Evans, barrister at 4PB:
Fears over coronavirus are already affecting Child Arrangement Orders made by the Family Courts. Parents must comply with court orders unless there is a reasonable excuse not to and failure to comply with an order can amount to a contempt of court.
There have been three primary categories of enquiry: First, where one parent lives abroad and regularly flies over for contact with their children. Current travel advice is preventing many parents from seeing their children.
Second is where a primary caregiver fails to make the children available for contact. Either because they or the children have had genuine symptoms, or due to a fear that the other parent will retain the children, or because the primary caregiver uses the current situation as an excuse to stop contact.
The third category of enquiry is where a parent has contact with their children and retains them, saying that they or the child displays symptoms.
The advice to any parent must be that orders should be complied with unless to do so would put the child, or others at risk. Routine is particularly important for children who are seeing their school lives disrupted. Handovers can still be effected, even with current guidance on social distancing. If it is impossible to promote face-to-face contact, parents should try and think flexibly and include regular video contact to maintain relationships as best they can. Clear and early communication between parents, potentially using third parties, should be encouraged.
There are likely to be evidential difficulties in proving whether parental concerns over coronavirus are genuine, due to difficulty in attending a medical professional. A court may give parents the benefit of the doubt, potentially leaving the system open to abuse. However, courts will also consider a parent’s past record of promoting contact as part of the overall factual matrix.
Courts remain functioning and are dealing with many hearings remotely, so applications can still be made. A judge is likely to be critical of any parent that manipulates this situation to their advantage. Therefore what may appear a short-term strategic advantage, may well backfire in the longer-term.