Coronavirus and court orders

[mous]

Hi,

Long time lurker. Have come out of my burrow to add a resource for those seeking direction on maintaining court orders in the time of coronavirus.

www.judiciary.uk/coronavirus-covid-19-advice-and-guidance/

This is from the Courts and Judiciary and crucial reading if you are in this situation. Apologies if already posted, but didn't see it anywhere, and increasingly worried that the supplement of (paraphrasing) 'children under 18 can travel between houses' will be used to force compliance for those with court orders (and without) when doing so creates unnecessary risk. Children can move, but they don't have to move.

I am not a solicitor myself or offering legal advice, although spoken to our resident friendly law bods about it, and encourage anyone to seek their own legal advice on this. But this is the script we are giving DV clients who have to co-parent with an abusive ex during a pandemic:

This is an unprecedented situation, and child best interests may come before following court order to the letter at this point. For example, if you have a vulnerable adult in your household (or they in their household) you may have grounds to exercise parental responsibility and not send child on court ordered contact due to movement between houses and unnecessary risk that makes.

What the courts would want to see, if it ever came before court, that you tried to share your concerns first and reach agreements to keep up contact, if not physical contact then alternative ways like Facetime or even phone calls.

The court is not the parent. If you can't reach agreement with other parent on contact, you can exercise parental responsibility unilaterally if you have grounds that it risks child's health or health of those in household, goes against best interests in corona lockdown, etc. It may not be the appropriate to follow letter of court order, but spirit of court order.

Each situation is different and again, I am not giving legal advice, just generalities, but concerned that the 'children can move' note is already being used by controlling / abusive spouses.

Hope this resource helps.

Not spouse in last line, I meant ex. Not worked out how to edit posts yet...

Sorry, more precise link:

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

Sadly my ex is trying to use the fact that I am currently pregnant with fiancé to break the court order and stop me from seeing my boys "for the forseeable future."

@rainminusbow

That sounds really difficult, I'm sorry.

'Foreseeable future' is vague. The lock down is three weeks, not for an indefinite amount of time that one parent decides. After three weeks, the situation should be looked at by both parents.

If you are classed as a vulnerable person in a household, and he is refusing court ordered contact on those grounds, I would venture to say a court would want to see that contact is still being maintained through other ways and that he has made strong efforts to talk to you about it and find the best solution / compromise for your families.

Also, a court would not look favourably on anyone using the pandemic to withhold or control contact, if they thought that was the case.

I don't think it reasonable for a parent to say they are keeping children for an undefined amount of time. Rather it needs to be reviewed in three weeks / whenever (this) lockdown ends.

@mous I'm hoping the judge will consider the impact on my mental health for this controlling narcissist to be using this situation opportunistically to withold contact. I can't sleep and I'm barely eating or drinking. The effect that this having on my unborn child must surely be considered?

This is not my ex-husband's baby - he is once again doing this to abuse me remotely.

When ARE the courts going to recognise coercive control?

Just to update... judge ruled Court Order still needed to be complied with shared care. Entirely irrelevant the fact I am pregnant with my fiancé's baby.

Children are permitted to travel between homes and parents should not be using this pandemic to attempt to withold contact from the other parent if both households not showing symptoms and following government guidelines currently in place.

Hope this helps.