Family Solicitor help Covid-19

[JoJo2106]

Can anyone help please? So my son's nursery rang this morning to say a child in my son's colour bubble has tested positive for covid so we have to now isolate for 10 days. I text his dad this morning to inform him. I've had quite a lengthy text back saying our son can still go between households even when self isolating, apparently he has seen this on the government website? Surely this can't be correct? He said he won't have him this weekend but said he will pick him up next Friday as normal even though our isolation doesn't end until next Sunday. Obviously if either of us develop symptoms or test positive ourselves over the next 10 days we would have to isolate even longer. Can anyone shed any light on this please?

Also my mother does all handovers away from my house as my ex and I aren't allowed to meet and I won't be seeing my mum for 10 days.

It’s actually not entirely clear but I think the guidance now suggests it’s NOT a good idea to move a positive case between houses. There’s guidance on the Gingerbread website iirc, and elsewhere, will try and find it. There’ve been several threads on this in the Lone Parents board.

Forgot to mention also that we already have a CAO in place but the contact missed would be offered at another time, I would just add the extra nights on another week.

@JanFebAnyMonth ah thank you for that, I will maybe post it over on Lone Parents too.

Here we are. It’s typical govt woolliness actually, go down to the Nadine Dorries bit

childlawadvice.org.uk/coronavirus-separated-families-and-contact/

Yes he's right. Children can still move between parents' households but if you're keeping away from your mum, he'd have to collect direct from you.

Probably what he’s seen on the govt website is the initial , general “children are still allowed to go between houses”.

Nothing in the guidance, but here’s what was said in Parliament about it:

“There are a limited number of circumstances where an individual may leave self isolation, including where there is a need to fulfil a legal obligation or it becomes impracticable to remain at the original address provided for self-isolation. These circumstances may apply where there are legal arrangements governing the time a child spends with each parent. We do not offer advice on specific circumstances as each scenario is different for every family.”

I’d say if you have a legal agreement in place defining specific time at dads then technically they could go.

Still not very clear tbh, some saying he could go and others saying best not. I just don't know what to do. Surely you are under a legal obligation to self isolate and going out any earlier than that shouldn't happen? What happens if my son or I got symptoms or test positive over the next few days doesn't that mean we would have to isolate for another 10 days?

Yes, being under a legal obligation to self isolate but with a legal obligation of time with dad too. One would have to legally trump the other somehow.

@Yellow85 oh god it's all so confusing and unclear lol

Yes if either of you get symptoms you’d Have to isolate for ten days from start of symptoms.

Can you discuss with your ex? (Am guessing not as you normally have a third party managing handover.)

@JanFebAnyMonth I doubt it tbh, he is very very difficult to deal with. I'm just so confused by all the rules and what you can and can't do. As I said I'm not sure how he could even go anyways as my mum can't do handovers when I won't even be seeing her until our isolation ends, plus that puts her at risk too and shes 70.

[quote JoJo2106]@JanFebAnyMonth I doubt it tbh, he is very very difficult to deal with. I'm just so confused by all the rules and what you can and can't do. As I said I'm not sure how he could even go anyways as my mum can't do handovers when I won't even be seeing her until our isolation ends, plus that puts her at risk too and shes 70.[/quote]
Is he legally not allowed to be in contact with you, or just an informal arrangement? If he can’t legally be in physical contact with you, then your dc will have to stay with you for the duration of his self isolation. You cannot use anyone else to take your dc between you and his father during self isolation.

@Soontobe60 Cafcass recommended my ex and I never meet even in a public place so my mother was put forward to do all handovers away from my house. It states in the order where handovers are to take place, and says where possible the parties will not come into direct contact on these occasions.

I think you’ve got pretty good grounds for refusing contact then, OP!

@JanFebAnyMonth thanks yes it does seem that way now.

OP, as you are planning to go back to court I really would advise against breaking the order.
He can still go, unless he is awaiting a test result as symptomatic or positive test. If just isolating because of contact, he can move between parents homes.
It would be better for you long term to let him go.