Can self-isolating children still see a parent they don’t normally live with?

Covid-19 restrictions are affecting the way all of us organise our lives. However, it can be more difficult to know how to follow the regulations and guidance when your child has parents living in two different households.

In our previous blog post in June, we outlined the court’s guidance on complying with Child Arrangement Orders during the Covid-19 pandemic.

A further issue affecting all children with parents living in two households; can they visit both households if they are required to self-isolate for 10 days? This may be because of close contact with a confirmed case; for example, another pupil at school.

The Self-Isolation Regulations for England which came into force on 28th September 2020 require an adult who is notified that their child has had close contact with somebody who has tested positive for COVID-19, to ensure, so far as reasonably practicable, that the child self-isolates for 14 days, since reduced to 10 days. The regulations state that those self-isolating must not leave their home except for certain specified reasons. Visiting a parent with whom a child does not usually live/spend time with is not listed as an exception.

However, a government minister said in parliament, “There are a limited number of circumstances where an individual may leave self-isolation, including where there is a need to fulfil a legal obligation…. these circumstances may apply where there are legal arrangements governing the time a child spends with each parent. We do not offer advice on specific circumstances as each scenario is different for every family”. 

In light of this unclear advice, parents with a Child Arrangement Order may want to consider the advice of the President of the Family Division, Sir Andrew MacFarlane, given in March 2020. He said, “The decision whether a child is to move between parental homes is for the child’s parents to make after a sensible assessment of the circumstances, including the child’s present health, the risk of infection and the presence of any recognised vulnerable individuals in one household or the other.” 

The court expects parents to behave reasonably and sensibly in the light of their own family’s circumstances. Where children cannot visit a parent, as they would normally, the court will expect the parents to make alternative arrangements to continue and maintain regular contact between the child and other parent; for example remotely – by Face-Time, WhatsApp Face-Time, Skype, Zoom or other video connection or, if that is not possible, by telephone.

If you have concerns in relation to contact being unreasonably removed or restricted, please contact our offices on 01925 263 273 for an initial appointment or email rbruce@fionabruce.co.uk

The contents of this article do not constitute legal advice and are provided for general information purposes only.