CAO - Covid contact

[AustinRd]

Hi, asking for a close friend.
There is an established CAO in place but since lockdown M has refused contact as she is shielding as she has an underlying heart issue. When I say shielding she still does her food shop and takes regular exercise but uses this as a reason why contact can’t take place (there is a long. History of alienation and breaching CAOs). She has also banned FT and controls the DC phones. My friend has been advised by his solicitor that there no point doing anything right now as courts are overwhelmed but it’s been 8weeks since he’s seen his children. Last night’s announcement doesn’t offer any clarity which could mean its months before he sees his DC. I should add that there has been a major family bereavement which he wants to talk and support his DC with which only makes things 100x worse. 2 questions 1) does anybody know the legal stance re shielding and contact 2) any insight into the court capacity given current circumstances? (South East/East Anglia region)

I have just posted about this in lone parents. The mother of my child is refusing direct contact too. I’ve applied for enforcement of our CAO as our local court is open still. But she doesn’t have an underlying condition and no one in either household is deemed high risk/shielding so she has absolutely no justification.
If the mother of your friends child has a letter confirming she is shielding then I’m not sure where your friend stands. I would have thought someone shielding with underlying condition though wouldn’t even risk going to the shops. But I’ve no experience with that I’m afraid. The fact she’s being restrictive with indirect contact rings alarm bells (also my experience). If she is shielding then perhaps she could confirm to your friend she has the shielding letter? Because she would need to rely upon that in court if he were to apply for enforcement I believe.

Thanks for your reply and sorry to hear of your Challenges. I don’t think he’s questioning her underlying health issue rather her selective interpretation particularly as she refuses FT contact too.
So frustrating as the courts initially removed the children from her care due to her behaviour and the damage she was doing but my friend allowed them to go back to living with their mum (it’s where they truly wanted to be) as she had calmed down and was being fair. Her behaviour has become increasingly worse and COVID appears to have provided the perfect excuse to revert. He’s a committed dad but is between a rock and a hard place. If he becomes more vocal or uses official channels she will only turn the screw with the kids but he’s frightened of the kids feeling he doesn’t care if he doesn’t fight. 😞