You may remember the considerable press coverage at the start of lockdown regarding children of separated parents, and whether they could travel between households to see each parent. The initial information was confusing and conflicting but the Government eventually clarified that children of separated parents could travel between households to see each parent.
That said, whilst travel between households is allowed, it is recognised that this is not a straightforward matter. Some general guidance was issued by the Scottish Courts which included the following:
-Many people are very worried about Coronavirus and the health of themselves, their children and their extended family. Even if a parent thinks it is safe for contact to take place, the other parent or carer may, entirely reasonably, be concerned about this. At such times, communication between all parties is key to managing the situation and agreeing a sensible, practical solution.
-Where parents, acting in agreement, exercise their parental responsibility to conclude that the arrangements set out in a court order relating to parental responsibilities and rights should be temporarily varied, they are free to do so. It would be sensible for each parent to record such an agreement in a note, email or text message sent to each other.
-Where parents do not agree to vary the arrangements set out in a court order, but one parent is sufficiently concerned that complying with the court order would be against current Government 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 court, the court is likely to look to see whether each parent acted reasonably and sensibly in the light of the Government guidance in place at that time, together with any specific evidence relating to the child or family.
-Where, either as a result of 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 court order, the courts will expect alternative arrangements to be made to establish and maintain regular contact between the child and the other parent safely, for example remotely – by Face-Time, WhatsApp, Skype, Zoom or other video connection or, if that is not possible, by telephone.
So it is key that parents act reasonably and sensibly in the light of the Government guidance in place at the time, and any specific circumstances of the child or family when decisions are made regarding contact with each parent. This remains the positon as the restrictions start to ease, and it is clearly an evolving situation.
Getting good advice is essential. The Drummond Miller family law team is extremely experienced in dealing with all aspects of family law including separation and child-related matters. If you would like any further information or advice, please get in touch with our experienced solicitors in Edinburgh, Dalkeith, Musselburgh or Bathgate. Whilst our offices are currently closed to clients, we are able to speak to you via telephone or video call.