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Self-isolation & shared custody help please!

8 replies

DubiousGoals · 14/11/2020 16:41

DH has shared custody of DSD(15), she's with us at the moment. He's just had an email from school saying there's a confirmed case in her year group, who now all have to self-isolate for 14 days.

Under normal circumstances she'd be going back to her mum's tomorrow evening, but we're not sure whether she should go or self-isolate here, just in case.

What should we do?

OP posts:
wishywashywoowoo70 · 14/11/2020 17:00

She can stay wherever she chooses. Only DSD has to isolate not anyone else so can if find to leave.

LindaEllen · 14/11/2020 17:06

If she's isolating, she shouldn't be travelling, or potentially putting another household at risk. I'm not sure why the poster above told you she can stay where she wants, because that's not true. She must complete her isolation with you, just like she would have had to stay at her mum's if she'd been there when the message arrived.

DubiousGoals · 14/11/2020 17:55

Thanks @LindaEllen she's going to stay here, DH has just gone to her mum's to pick up some extra clothes and her Switch! Her school's now said they're closing for 2 weeks due to the number of cases so we're back to google classroom.

OP posts:
Waxonwaxoff0 · 14/11/2020 21:14

I'm pretty certain children can move between households even if isolating, there was another thread about it.

wishywashywoowoo70 · 14/11/2020 22:24

@LindaEllen

If she's isolating, she shouldn't be travelling, or potentially putting another household at risk. I'm not sure why the poster above told you she can stay where she wants, because that's not true. She must complete her isolation with you, just like she would have had to stay at her mum's if she'd been there when the message arrived.
That's not correct. The DSD is a possible contact of some with COVID the rest of the household is not even that Children can move between parents irrespective of lockdown rules and that's always been the case.
Ultimatecougar · 14/11/2020 22:26

In normal lockdown children can move between parents but not if they're isolating

Augustbreeze · 14/11/2020 22:32

The government has finally published guidance on this: she shouldn't move -

2.2 Children who are self-isolating (England)

Under The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020, as amended, which came into force on 28 September 2020, if an adult is notified (other than via the NHS Covid-19 smartphone app) that their child has had close contact with somebody who has tested positive for coronavirus, the adult must “secure, so far as reasonably practicable, that the child self-isolates” for fourteen days.
A person subject to the self-isolation requirement must not leave their home except for a list of reasons specified in paragraph 2(3) of the regulations – e.g. where it is necessary to seek medical assistance. Visiting a parent whom a child was not living with at the time they were notified of the requirement to self-isolate is not specifically listed as a reason why a child self-isolating may leave the house.
Further information is provided in guidance published by Public Health England for contacts of people with confirmed coronavirus infection who do not live with the person.
4 If contact between a child and their parents is court ordered, individuals may wish to take specialist advice. Although it was published before the regulations above came into force, the March 2020 guidance published by the President of the Family Division of the High Court (cited in Section 2.1 and 2.3) states the following regarding situations where it is not possible to adhere to court-ordered contact due to self-isolation:
Where Coronavirus restrictions cause the letter of a court order to be varied, the spirit of the order should nevertheless be delivered by making safe alternative arrangements
1 2
3
The Health Protection (Coronavirus, Restrictions) (England) (No.4) Regulations 2020, Part 2 (12)(a) President of the Family Division and Head of Family Justice [England and Wales] Coronavirus crisis: Guidance on compliance with Family Court Child arrangement orders, 24 March 2020
The Health Protection (Coronavirus Restrictions) (No.4) (Wales) Regulations 2020, Part 2 (4) (3) (e). Guidance on regulations from 9 November have been published as: Welsh Government, Coronavirus regulations from 9 November: FAQs, updated 6 November 2020
Public Health England, Guidance for contacts of people with confirmed coronavirus (COVID-19) infection
4
who do not live with the person, 28 September 2020

3 Commons Library Briefing, 5 November 2020
for the child. If it is not possible to maintain the child's routine due to illness or self- isolation, or non-availability of, or risk to, people who ordinarily support contact, the courts will expect alternative arrangements to be made to establish and maintain regular contact between the child and the other parent, for example remotely – by Face-Time, WhatsApp Face-Time, Skype, Zoom or other video connection or, if that is not possible, by telephone.

GabriellaMontez · 14/11/2020 22:38

so far as reasonably practicable

I think this bit is your guide. Definitely a grey area but this could be your test.

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