COVID-19 and Enforcement of Child Arrangement Orders

Whilst the lockdown has been relaxed, many of the restrictions remain in place. As and when the Government move to relax the restrictions further, it is likely this has the potential to cause conflict between separated parents. If one parent has removed contact, they may be unwilling or reluctant to accept the COVID-19 risks are reduced. In the case of the other parent if they have been denied contact, they will want contact to resume in accordance with pre-Covid measures as quickly as possible. 

It is not unusual for us to see the argument before a Court whereby one parent has removed contact because of various reasons, such as: 

• The child is unwell

• Travel constraints

• Work pattern changes without notice 

• Any other element which the parent deems to be “outside of their control” 

However, COVID-19 is a very different issue which parents have not seen before. At the time of writing, there is very limited information on the virus itself, including other symptoms and transmission. Furthermore, the impact the virus may have is likely to differ significantly from case to case. 

The guidance from the Court is clear however, in that if measures are taken to remove contact, both parents’ actions will be scrutinised by the Court to ascertain if they were taken in the best interests of the child. This will be particularly used within enforcement proceedings, where one parents seeks to enforce the contact arrangements that are already in place by way of a Court order, which have been restricted during the lockdown. 

If contact has been stopped or restricted as a result of COVID-19, and an enforcement application is made, it is for the Court to consider whether there is a reasonable excuse as to why contact was prevented. For example, if a child has fallen ill suddenly and the parent reasonably takes them to the doctors rather than contact, then this could be considered as a potential reasonable excuse. 

The difficulty of the current situation is that COVID-19 is an unprecedented situation that neither party has control upon. It will therefore be a matter for the Court to consider whether or not the risk of COVID-19 justifies a breach which has occurred. 

If you have any concerns in relation to contact being 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.