Covid and Child access agreements Grandparents

[Juststopamoment]

Just wondering how child access agreements are being dealt with during this time. And where we stand legally if we just cancel and don’t reschedule. The GPs are saying that they are cancelling their visit because it’s not possible because of the new regulations. I also have health issues which means I have to be careful to a certain point.

They want to replace it with a Zoom call on top of their numerous other Zoom calls on alternate months and Christmas and Easter and Birthdays. The visit will then be rescheduled for another time.

My question is how am I supposed to deal with the extra Zoom calls because of Covid that will definitely start encroaching on our lives? Also the pile up of face to face contact which is supposed to be every other month but may end up twice a month if they all get rescheduled.

Thanks.

Are you in the U.K.? Are these your parents? When you say access do you mean after divorce or just generally? Why is a zoom meeting so much more difficult?

If these are visits to grandparents after divorce, then AFAIK there are know laws that dictate GPs have access right unless they played a significant part in a child's upbringing (if memory serves) but the accuracy of that depends on a lot of factors that you haven't mentioned, so perhaps you could clarify?

They took me to court and got access after their son died. Sorry I thought I’d put that in. Huge back story. I don’t like or trust them. I was completely against access to the children. My main concern is that they will bank all these visits and they will be twice monthly. I have to protect myself from the grandparents because they have made false allegations about me in the past and I have to get a neighbour to help with handover. I firmly believe allowing them more access to the children opens up me and my children to further abuse.

They are the ones cancelling they dont get make up time

Just stick to the court schedule make them available for contact if they ask for zoom as an alternative agree but its an alternative not an additional contact make that clear they either show up or take the zoom call

How old are the children are they old enough to say they don't want to see them yet? Or do they actually want to see them?

Could someone tell me where on the .gov website is the advice about Coronavirus and Court Ordered access is please? I’ve tried a few searches and it mainly comes up with attending court.

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

This was posted back in March. The principle is that, where it is not possible to comply with a court order to the letter due to Coronavirus restrictions, you should comply with the spirit of the order.

In this case, the restrictions mean your child cannot have the court ordered contact with their grandparents. Zoom calls would be one way of complying with the spirit of the order. If there is a Zoom call to replace a visit there is no need to reschedule the visit - it is an alternative to the visit, not additional contact.

Absolutely, offer for zoom call at the time the visit would have happened but no rescheduling.

Thank you Prh47bridge. It’s very hard to find!

If there is a Zoom call to replace a visit there is no need to reschedule the visit - it is an alternative to the visit, not additional contact.

This. They sound bloody awful, sorry.

So sad they could not be supportive and kind to you op and have a normal gp relationship with the children. This happened to us and we had enforced contact which was disastrous. Long term it resulted in the complete rejection of them once he reached 16.

You have had good legal advice. Just offer zoom call as the prescribed contact as it is in the spirit of the order. You have made dcs available for contact but they declined to take up, albeit in unusual circumstances. These things will happen over a court orders lifetime.

Unfortunately I have relayed all of this to them and they are saying Coronavirus supersedes the court order which I am pretty sure isn't the case. Can anyone confirm? Thanks.

What do they mean by that?

So they are saying that Coronovirus is making the Court Order unworkable so I need to be more flexible and if they can’t come I need to be able to give them another date. They’ve said that the recent change in the law means that two households can’t meet.

You don't need to more flexible. You don't need to give them another date. You can't "bank" contact. Offer a call in their contact time. It's about what is best for your DC and not what's best for them.

Oh I’m so sorry you have to go through all this! What is the wording of the order? X

MelissaD10. Here we are again 😩. The clause they are referring to is ‘The parties acknowledge that on the basis dates are being fixed so far in advance, there may be need to be some flexibility in changing dates to accommodate schedules.’ This was mainly because the uncle was meant to supervise and it was assumed he would be there but he has never supervised. All the other dates are fixed and on the order including all Zoom and direct contact.

Also it says other contact as agreed with the parties. And I don’t agree so that isnt relevant.

My question is how am I supposed to deal with the extra Zoom calls because of Covid that will definitely start encroaching on our lives?
I don't understand this. They are supposed to have visits and can do zoom calls in between. They now want to continue with the normal.zoom calls but add a zoom call instead of what would have been a visit? Why is this encroaching on your life?

The visit will then be rescheduled for another time
What other time? When everyone has been vaccinated? I assume normal visits will resume then?

dontdisturbmenow the issue is that they want to replace the visit with a Zoom call, which is fine, but that they want to reschedule the direct to another time. I’m worried about the number of directs that are going to have to be rescheduled and then pile up the next year or whenever visits resume. However a number of posters, including Prh4, who I recognise to be a very experienced solicitor, have told me that the Zoom would replace the direct and therefore no need to reschedule. However the grandparents are refusing to accept this saying Coronovirus suoersedes the court order.

I agree, they either get the direct contact or a zoom call they don’t get both. If they expect to get the direct visit later why would they get the zoom call too?
Is there anything to say it’s monthly or weekly contact in the order? Because surely if it’s monthly then they can’t expect to have twice monthly contact at the end? It’s impossible you and the kids have commitments and other things going on in your life!

It says monthly. That’s a good point MelissaD10.

That’s good then @Juststopamoment if it says monthly then just as much as the court order says subject to schedule changes etc they shouldn’t be physically seeing them more than that once a month as per the court order in my opinion x

Coronavirus doesn't give them a magic wand to increase contact. Just say no to additional contact. They will have to take you to court if they want more.

Thank you prh47bridge. I appreciate your advice. And thanks MelissaD10.