[Solved] Interesting seperated parents update

Coronavirus: Custody fight parents told not to exploit lockdown

Separated couples exploiting the Covid-19 lockdown to stop an ex-partner from seeing their child could face court action, says a senior judge.

Head of the family courts Sir Andrew McFarlane says children should continue to visit parents they do not live with, as long as both households are healthy.

Family lawyers told the BBC they have been inundated with separated parents arguing over contact during lockdown.

Some say parents have exploited Covid-19 guidance to stop visits altogether.

The guidance for parents who live apart states that children under the age of 18 can be moved between their parents' homes after a sensible discussion, and an assessment that the children are not being put at risk.

But for some parents, trust and communication have broken down, and conversations over child visits can seem impossible.

'Cynical and opportunistic'
Sir Andrew, who is in charge of family courts in England and Wales, says those ignoring child court orders could end up facing legal action.

He warns: "If the parents are acting in a cynical and opportunistic manner, then that's wrong, and the courts will regard it as wrong."

Samantha Woodham, family law barrister and co-founder of the Divorce Surgery, says she has been overwhelmed with calls for clarification since the lockdown guidance was introduced.

She says she has heard about cases where parents are abusing the system, and is calling for clearer rules on when parents should and should not be changing child arrangements.

Cabinet Minister Michael Gove caused confusion among families when England announced its lockdown.

Appearing on ITV's Good Morning Britain, he said children were to remain in the household they were currently in.

But minutes later, on BBC Breakfast, Mr Gove said children under the age of 18 could move between households.

Mrs Woodham is calling for further clarity in the COVID-19 guidance: "The fact that the guidance is permissive, stating that children 'can' move between homes, is actually not enough.

"Being told that children 'should' move between homes would actually really help parents in this time of uncertainty."

'I miss him'
Alex - not his real name - says he received an email from his ex-partner the day the UK went into lockdown, saying he could no longer see his 10-year-old son, despite a child court order stipulating ongoing visits.

Image copyrightGETTY IMAGES
Alex says his ex-partner felt his role as a key worker meant he was at high risk of catching and spreading the virus.

But he says he is working from home 90% of the time, and has been following all safeguarding guidance.

"I miss physically seeing him in front of me, being able to have a laugh, talk, see how his day has been," he says.

"I totally understand the fear and worry of any parent if your loved ones are in contact with somebody who is a key worker, but that shouldn't be a reason to punish you."

Hospital consultant Robert - not his real name - faced a lengthy battle to be in regular contact with his son.

Following the restrictions imposed, his ex-partner suspended all contact except for a short phone call once a fortnight.

He says he feels frustrated that she has disregarded the guidance and his efforts to make it work.

"All of my proposed assurances to strictly observe social distancing and cancel non-essential travel proved inadequate to the mother, who only sees her opinion and interpretation as the final judgment.

"Sadly, I won't be the only parent subject to this manipulative interpretation of the current guidance."

Sir Andrew, however, believes the guidance is adequate.

He says that a child's safety with regard to the virus is a matter for parental judgement, and the courts would not take that away.

He is urging families in conflict to focus on children's welfare, and to make sure they are in touch with both of their parents.

"Do something you don't want to do, for the sake of your child."

https://www.bbc.co.uk/news/education-52310034

My ex is still abusing this. Only allowing ten minute phone call every two weeks. Ridiculous.

I would send her the above in email and say that unless you see children you will be left with no option but to enforce.
A family court will then punish you for your unjustifiable actions

I have done, but she ignores me. I have had to approach the courts again, god knows when it will even be heard. On top of all of this, she is manipulating my eldest daughter in to what she can and cannot say on the phone calls. It is all very frustrating, as I feel I don't want a phone call when my kids are being told what they can talk to me about.

hi,

have you paid for court application? if no, then don't. if you do standard enforcement order, next hearing date you get will probably be in 4-6 weeks times. what you need is to get an emergency hearing, or without notice hearing. those are much quicker to get.

does your order mention phone contact?

I submitted an enforcement order about a month ago when she refused unsupervised contact. I should be seeing them unsupervised now, but I have received a message today from her that she will not allow contact until the government announce the lockdown is over, which is ridiculous as we have no idea when that will be. All i am being offered is a ten minute phone call on the days I am supposed to see them.

hi,

yes 10 minutes is not good enough. even though my ex is unreasonable and difficult, shes been allowing 1 hour calls twice a week.

This means nothing - ultimately it is still coated in the same woolly "use your judgement" text with some vague language thrown about not wanting to exploit the situation. In practice almost no resident parent will be punished for withholding their child during this pandemic. All they have to do is make up as little as a headache or some symptom and they'll be free.

The courts are toothless to combat parent alienation in the best of times, let alone in these times.

In fact I would be wary of being accused of excessive acrimony if you were to want to enforce during this time.

Just be patient. Document everything and play the long game.

yes true. i have court hearing tommorrow. ex had some nonsense written in her statement, like there are vulnerable people in her home, so thats why direct contact has stopped, due to covid 19.

they will get away with this, just by making things up.

Good luck in your hearing today at Bill337
Could you let us know how you get on please.
Would be interesting to hear your experience.
I hope you get the outcome your looking for.

My partner has just applied for an enforcement due to covid 19 contact also stopped.
Despite it being totally safe to move between our 2 homes. Solicitor has said it is a breach and he will have a case, so feel he has nothing to lose.
Not wanting any punishment to respondent just wants his kids back.
He's been told they are working 15 days at the mo, do hoping it won't be too long.

Good luck Bill 🙂