28 April 2020
What is in your child’s best interests?
Children under 18 whose parents are living apart can move between the homes of their parents, in an exception to the mandatory stay-at-home rule for us all. But this does not mean children should move around without weighing up what is in their best interests, such as the health of all concerned, the risk of infection and how and where any handover takes place. If one parent is a key worker, then it may be sensible for the other parent to look after the children, to reduce infection risks.
If, for any reason, a child will not spend their scheduled time with one parent, the courts expect regular contact to be maintained through other means, such as FaceTime or Skype.
Importantly, any variation to current arrangements should be agreed between you, and put in writing wherever possible, whether a letter, email or simply a text exchange.
Guidance says that "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 there is a disagreement on arrangements, then seek advice. Whether for enforcement or to apply for a change to the contact arrangements, court hearings are continuing, although the default is via phone or video link and only in the most urgent cases.
The most important thing for children is that parents avoid conflict. Movie stars Bruce Willis and Demi Moore may have divorced 20 years ago, but they are exemplary co-parents, even sharing lockdown time together with their adult children in California.
In her recent autobiography Moore wrote that it was not easy at first “but we managed to move the heart of our relationship, the heart of what created our family, into something new that gave the girls a loving, supportive environment with both parents. We felt more connected than we did before the divorce.”
That is a great position to be in, but for those who struggle to emulate such an example while going through a separation, it is important that you do all you can to keep arguments away from children.
If you would like more information about children issues and co-parenting please call our Bournemouth office to get in touch with one of our trusted and experienced family solicitors.
Please note, this is not legal advice. It is intended to provide information of general interest about current legal issues.
