Coronavirus Legal Portal
The Government’s measures to slow the spread of coronavirus affect all aspects of life, including Family law.
Child Arrangement Orders have been affected significantly by measures limiting the circumstances in which people are able to leave their homes.
The President of the Family Division and Head of Family Justice, Sir Andrew Macfarlane, the senior judge with responsibility for Family law has now issued a statement to clarify the approach being taken to the crisis by the Family Courts in respect of Child Arrangement Orders.
Noting that the Government guidance issued with the Stay at Home rules states:
“Where parents do not live in the same household, children under 18 can be moved between their parents’ homes.”
Sir Andrew points out that this does not mean that Children necessarily have to be moved between homes and that parents should take decisions on the basis of a full assessment of circumstances, such as the health of the child and the vulnerability of others in the households.
Importantly, where parents decide to vary temporarily the terms of a Child Arrangement Order, he recommends that they record this fact in a note, email or text message to the other parent.
If both parents cannot agree on a variation of the terms of a Child Arrangement Order, but one is concerned that complying with the terms would be against advice from Public Health England, they can decide to vary the arrangement to ensure they are safe.
Such a decision could be examined after the event by the Family Court, which expect the parent to have acted reasonably and according to current guidance.
Sir Andrew adds that where a Child Arrangement Order has been varied so that one parent does not see their child, the Family Court will expect alternatives such as regular video calling to be put in place.
He concludes by saying:
“The key message should be that, 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.”
Read Sir Andrew’s guidance here.
For advice on matters relating to Child Arrangement Orders, contact us today.
Contact us now for advice on the legal considerations involved in protecting you, your family and your business from the impact of coronavirus.
What Our Clients Say
“Winston Kan & Michael Stock of OGR Stock Denton LLP have been a great support throughout the process and Winston has demonstrated the highest levels of professionalism and genuine care throughout this difficult process. I highly recommend these lawyers, they are very attentive and honourable.” – Aziza
“ We completed our home move in June, beating the Stamp Duty deadline by 4 days, and were extremely satisfied with the way the whole selling and buying process was handled by Robert Rosenberg. He was super efficient and communicated with us constantly throughout the process. We highly recommend him. and OHR Stock Denton, to anyone looking for a painless and stress-free experience. ” – Colin
“I would like to say a huge thank you to Winston Kan of OGR Stock Denton LLP for the outstanding work he did on my car accident case. He supported me and my family through the long and exhausting process. There were times when I was ready to give up but he patiently and supportively guided me all the way. All the best wishes from me and my family.” – Hana
“I must thank you Ian, and Stephen, for your professionalism though the complex and protracted negotiations and for the support, understanding and patience you have shown me personally throughout.” – Malcolm
“All round brilliant team at OGR. After being badly let down by another solicitor, Priti Shah sorted our parents’ probates quickly and efficiently. She is very knowledgeable and on the ball and structured things in such a way she saved us lots of money. We also had conveyancing done by Ben Menaham which was smooth and hassle free and overseen by Michael Stock. Thank you.” – Monica
“A big thank you to Susan Bernstein for her help and support during my redundancy process, you made the legal part stress free and easy to follow. I fully trust your work and will recommend your services in the future.” – Meital
“I owe you a great debt of gratitude for the kind, helpful, empathic way you dealt with me and went about your business at a time in my life when I was suffering huge emotional pain. I did not really understand what was happening to me but you did, and your advice was invaluable”. – Stephen Wiser
“I called you with a difficult situation and within 30 minutes you had addressed the main issue and very clinically identified what needed to be done. Your attention to detail and your work approach are of such a high standard that i have no doubt whatsoever that any client you deal with will only have good things to say. You are a true ambassador to your firm and your profession, with the care you show and advice you give. I would like to thank you again for the wonderful job you did at such short notice and i have no hesitation in using your services again and recommending your firm.” – Meir
Contact Our Legal Team
HMRC confirms first arrest in connection with furlough fraud
HM Revenue & Customs (HMRC) has revealed that a 57-year-old [...]
Coronavirus apprenticeships guidance updated
Updated guidance from the Department for Education on apprenticeships during [...]
England to make face coverings compulsory in shops
From 24 July 2020 it will be a legal requirement [...]
Webinar – Pensions and financial planning on divorce
OGR Stock Denton Solicitors would like to invite you to [...]
Employers given 30 days to confess to furlough fraud
Employers will be given 30 days to ‘confess’ to furlough [...]