Legal guidance on child contact and Covid

[Augustbreeze]

I've been searching for this for ages and I thought it may be useful to post:

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

The bit I particularly noticed was this:

What if my child and/or I have to self-isolate/quarantine?

Regulation 2 The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 20200^ states that if an adult or child has tested positive for Covid-19 or has come in close contact with someone with Covid-19, they are required to self-isolate. You are also required to self-isolate when travelling back to the UK from abroad, unless that country is exempt. You can see that guidance heree^.

The regulations state that where someone is required to self-isolate, they must remain in:

• their home;
• the home of a friend or family member;
• a bed and breakfast accommodation, accommodation provided or arranged under section 4, 95 or 98 of the Immigration and Asylum Act 1999(1) or other suitable place.

That person self-isolating must not leave the above specified places, except where necessary. The regulation does NOT list visiting a parent whom a child does not usually live with as a reason why a person self-isolating may leave the house.

Child Family Law are the leading specialists in children's law in the UK.

How would you define usually live with though

True, especially in a 50:50 situation.....

And what are the rules in a situation where say another child usually spends contact time in the household that child or adult is self isolating in...

Do they still go for regular contact if someone is self isolating in that house, not go?

There are so many complicated blended family situations and so little guidance on how to manage the different variations which exist.

@Pinkyxx I agree, however, I guess we just need to bear the initial guidance for separated families in mind (quoted this on the web page in the OP:

The President of the Family Division released some guidance back in March 2020 entitled ‘Coronavirus Crisis: Guidance on Compliance with Family Court Child Arrangement Orders’ (CAO).

This guidance states that:
“Where parents do not agree to vary the arrangements set out in a CAO, but one parent is sufficiently concerned that complying with the CAO arrangements would be against current PHE/PHW advice, then that parent may exercise their parental responsibility and vary the arrangement to one that they consider to be safe. If, after the event, the actions of a parent acting on their own in this way are questioned by the other parent in the Family Court, the court is likely to look to see whether each parent acted reasonably and sensibly in the light of the official advice and the Stay at Home Rules in place at that time, together with any specific evidence relating to the child or family.

Where, either as a result of parental agreement or as a result of one parent on their own varying the arrangements, a child does not get to spend time with the other parent as set down in the CAO, the courts will expect alternative arrangements to be made to establish and maintain regular contact between the child and the other parent within the Stay at Home Rules, for example remotely – by Face-Time, WhatsApp Face-Time, Skype, Zoom or other video connection or, if that is not possible, by telephone.”

The Guidance concludes with the following key message: “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 for the child”.

The President has also warned that parents acting in a cynical and opportunistic manner is wrong, and the courts will regard it as wrong.