Expert advice from Innes & Mackay on managing contact arrangements for children amid Covid-19

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By Leanne Maitland, Solicitor at Innes & Mackay

During these unprecedented and unexpected times, there is no doubt that the impact of Covid-19 and the subsequent lockdown has impacted all our lives in one way or another. As a result, this has overturned the routines of families and children across the country, leaving separated parents undeniably anxious and uncertain as to how they should manage contact arrangements.

Upon implementing the nationwide lockdown, government guidance was issued prohibiting all non-essential travel. This caused considerable confusion and raised many questions for parents co-ordinating contact arrangements. The government shortly thereafter altered the guidance to provide instruction for children moving between the homes of their respective parents. This is an exception to the general guidance which allows children under the age of 18 to travel between their parents’ homes and, in turn, permitting and encouraging contact to continue.

It is, however, vital that consideration is given to each individual household and its inhabitants as some may be deemed high risk and shielding themselves accordingly. Some households may also have a higher risk of contracting the virus where they include key workers. Likewise, consideration must also clearly be given to anyone failing to adhere to the guidance and/or exhibiting symptoms of the virus. These issues add further complications and give rise to uncertainty as to whether contact should be maintained.

This is undoubtedly an unsettling and unnerving time for many people, particularly for children who are presently unable to attend school, meet up with other family members or friends and take part in extra-curricular activities as they are used to. They are required to adjust to home-schooling and a new routine. This sudden change is no doubt confusing for them and they will not fully comprehend the true reality of the situation they find themselves in today.

There will also be many anxious parents genuinely concerned about their children being more widely exposed to the virus as a consequence of travelling between homes. Similarly, the parent who is exercising contact may be concerned about the possibility of contact ceasing for an indeterminate period of time, wondering when they will be able to see their children again.

Some parents may have been in the midst of an already challenging situation concerning contact and/or residence arrangements without the additional pressures of a nationwide lockdown, causing further aggravation and adding further grief to the children caught in the middle.

Now is the time to communicate effectively with each other, to compromise and be flexible. It is important that differences are set aside to allow parents to work together through this. Consequently, well thought out arrangements may require to be reshuffled. More consideration may need to be given to indirect methods of contact such as telephone, Skype or Facetime etc. Parents should be prepared and willing to alter routines wherever necessary. Acting in this manner will be of significant benefit to children and lessen any adverse impact upon them.

For some families, there may be ongoing court proceedings or court orders in place regulating contact. It is extremely important that you consult with your solicitor before altering contact arrangements as this may very well result in you being in breach of a court order.

For those who may be struggling to manage contact arrangements, please do not be afraid to get in touch with us. Our family law team can provide you with highly professional and sympathetic advice in these difficult times, whether that be in respect of contact and residence issues arising from Covid-19 or any other family law issue. Our family law team can discuss matters with you over the telephone or by way of video call. You can contact us on 01463 232273 or by email on info@innesmackay.com

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