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Covid 19 and sharing custody?

33 replies

november90 · 23/03/2020 07:50

Me and my husband are separated and he has our little boy over night once and then a couple afternoons during the week. I'm also 33 weeks pregnant.

Does anyone know what happens with shared custody in a lockdown situation? Surely it can't be right to have him bouncing between households, but then he also can't not see his daddy for potentially months! Also concerned that He won't even be able to see the baby! This is all so uncertain and I'm feeling really stressed about it!

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Edgeywedge · 24/03/2020 11:23

Gove just saying on BBC news that children on separated parents can absolutely see both parents. Should clear any issues up and a parent who breaches a court order can now have an enforcement order taken out against them should they refuse to comply.

However where both parents are in agreement it is fine for the child(ren) to stay with one parent for the time being. The key being both parents must agree. Myself and my ex husband have both agreed it is better for DS to stay with me - if he didn’t agree I would be in breach of the Order so I’m grateful he’s on the same page as me.

TeacupDrama · 24/03/2020 11:27

I am sure if there is a genuine reason or one parent/ household is self isolating it is fine not to have contact but I think in the long run courts will take a dim view of someone who stops contact when no-one was actually ill
there should be the offer to make up contact time later so the child can spend several weeks with other parent to make up for not seeing them for several weeks if you are willing to do this I would say yes you are genuinely trying to do what's best for the child, if not I would suspect it was an attempt to reduce / stop contact not perhaps in the best interests of child

november90 · 24/03/2020 11:39

"Any paraent who chooses to ignore this particular Government guidance and yet follow others obviously has an agenda"

I think that is a really unfair comment to make. I have no agenda whatsoever other then what is best for my son and my unborn child. I think to jump to assumptions and suggest that people's love and care is an "agenda" is really insulting. This is a difficult time for everyone and I'm sorry but comments like that are just completely unnecessary. I made this thread out of concern and for advice, not because of any agenda whatsoever.

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Swooningmonkey · 25/03/2020 08:54

The judiciary has clarified the position in full below.

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

Swooningmonkey · 25/03/2020 09:00

I’m in a similar position, ex refuses to follow social distancing guidelines, he’s currently at his parents second home with a group of friends and their children.

I’ll be refusing contact on the basis that he’d be unnecessarily putting ours are risk. Any court will look at what is in the best interests of the child first and foremost.

confused1456 · 25/03/2020 09:31

Oh thank you @swooningmonkey that statement definitely clarified matters and makes me feel much more at ease!

Swooningmonkey · 25/03/2020 10:05

As long as parents are reasonable and offer plenty of indirect contact in the interim, I doubt any court will look to take action under these circumstances.

november90 · 25/03/2020 11:32

Totally agree with you both and sorry to hear that your ex isn't taking it seriously, how unfair for you all! My ex actually agrees that we should distance as he works in a kiddies home as does his dad and they live together so it's just not safe and that's most important! My lb is completely oblivious to isolation and having a great time running me ragged at home 🙈 I've been sending videos and photos even though he doesn't respond, still doing my best!

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