One parent tier 1, other parent tier 2

[yellowgladys]

how do tier restrictions work for parental visits for a child with one parent in tier 2 and the other in tier 1? (I know they are still able to visit both parents as normal) Does the child adopt the tier regulations of whichever parent they are with? Stick to the highest tier? Stick with the tier of their main home (like for a support bubble)? Can't find legal requirements guidance anywhere.

I would have thought they stick to the rules of the parent's tier they are with at that moment.

Yes another example of the govt providing no guidance on specific measures to separated parents.

Did you have a particular meeting or activity in mind OP?

But yes, I'd think the child would have to abide by the restrictions they were currently living under.

None of the precautions we are being advised about are magic wand solutions "do this and everything will be ok" - they are all more like "the more people that do this, the better things will get" and it is understood that some actions cannot be taken by everyone but so long as everyone who can tries their best, then that is ok.

With this understanding it is totally fine for kids to see both parents when the parents aren't a couple. The marginal contribution that maintaining stricter separation between households would contribute to the pandemic situation is small compared to the massive detriment to children if prevented from having loving positive contact with both parents.

With that in mind I think there isn't a single indisputable answer to the question in your op and therefore it is probably a good thing that there isn't government guidance about this specific question. I think in this situation I would try to balance things by trying to stick to the higher tier guidance as much as possible with potential exceptions occasionally e.g. if there was something happening that would be allowed under tier1 but not under tier2 and there would be a detrimental impact to the child not to be able to do it - I can't think of a specific example but the point is putting the child's wellbeing first, and doing as much as possible to take precautions to reduce the family's contribution to the spread of the pandemic as far as possible without causing a detrimental impact to the child.

With previous restrictions, families with separated parents have been able to see the other parent as normal so I would imagine it's the same now. I believe you can be classed as one joint bubble. I think Boris got caught out by that question in an interview recently though and he didn't seem to know the answer either!

Sorry, haven't answered your question at all! With tier one and two they haven't said you can't travel between different tiers. Strictly speaking I suppose they should avoid household mixing in both areas but nobody is going to be able to enforce that when they are in the tier one area.

I think it's business as usual, although dd isn't visiting her father next week in case she has to isolate there, rather than come home.

Everybody has to comply with the laws and rules of the highest tier of where they live or where they are visiting. So, tier 2 rules apply.

@Youandmeareluckytobeus

Everybody has to comply with the laws and rules of the highest tier of where they live or where they are visiting. So, tier 2 rules apply.

@Youandmeareluckytobeus can you point me in the direction of where it says this? (especially if specific to child visitation with parents, which seems to be exempt from all other restrictions) that would be very helpful I can't find the info on any official or other source. Child visitation isn't the same as being in a bubble. Thanks everyone for the replies :-)

Children have always been allowed to move between parents houses when parents are separated and that hasn’t changed, doesn’t make any difference what tier you are in, the child can see both parents.

OP I think many people imagine that the answer is obvious when in fact it isn't at all, as you say.

I've heard several experts state that you stick to the rules of the higher tier but am not sure have seen it anywhere. None of them talking about child contact anyway.

Gingerbread had good advice when I looked, but some of it seemed to assume certain things so I was slightly wary. And it was pre-tiers.

In fact they say this:

The advice on this page applies to all tiers unless otherwise stated. How tiers affect some aspects of single parent life, such as contact arrangements, are currently unclear but we are working to find answers for you.

www.gingerbread.org.uk/coronavirus/

That page was updated 21 October

It doesn't matter what tier you are.

Children with separated parents can move freely between them regardless of tier.

Its an exception to the rules under all three tier restrictions.

Exception 3: gatherings necessary for certain purposes
(4) Exception 3 is that the gathering is reasonably necessary—
(g)for the purposes of arrangements for access to, and contact between, parents and children where the children do not live in the same household as their parents or one of their parents;

www.legislation.gov.uk/uksi/2020/1104/made
This is the tier 2 legislation. The exception is exactly the same in Tier 3 legislation.

Yes @RedToothBrush but there's nothing about what the child can or cannot do when they've arrived in the tier, which I think is what the OP was asking.

Although I must admit I can't think of anything where it wouldn't be obvious, eg a child who spends 70% of their time in tier 1 can't demand that a pub open for them I tier 3! (Yes, a very silly, and impossible for non-Covid reasons example, but you know what I mean, I hope!)

I would also love to know this. We have a child between tier one and tier two and equally split time. Does the child just adhere to each tier or are the households both expected to adopt the higher tier rules

This is a use best judgement situation OP. Don't wait for the incompetent morons in charge to dictate every detail of your life