Regions across England are now being assessed on a three-tiered traffic light system of medium, high or very high for COVID-19 alert levels.
Certain areas of the country have already been categorised as very high or Tier 3 with South Yorkshire following suit from 12.01am this Saturday.
How do Tier 3 area restrictions impact on a parent’s legal obligations relating to a child or children’s contact with a separated parent?
Lindsey Canning, head of family Law at Wake Smith Solicitors says continuity is in the best interest of the children.
“If you have an arrangement in place for child contact then, as far as you can, that arrangement, whether it is for a separated parent, siblings or other family members, should be adhered to as far as is reasonably practicable.
“Continuity is best. However, it does need to be balanced against current Government guidelines, and health considerations for the families involved.
“The Government has advised people in Tier 3 not to travel in and out of their high risk area and for those residing in tier three regions to stay local but separated parents have always been exempt to the guidelines.”
If contact cannot take place, then you should look at other options:
Regular online (Skype or FaceTime) calls as per scheduled contact
Plan ahead to work out care arrangements for school closures by using holiday contact arrangements if required
Look at alternative arrangements if one parent has to self-isolate
Lindsey added: “Separation can cause huge conflict and people caught in disputes, especially around children, can try to leverage situations to suit their objectives.
“A sensible approach is needed to keep communications open between children and their parents, in the best interest of the children.
“Under the current lockdown restrictions, a parent may have made a decision about contact because they believe that to continue with the arrangements would be against the Government’s advice and would expose their child or children, or another member of the household, to risk.
“If you believe your ex-partner has changed the ordered child arrangements unfairly, or hasn’t implemented sufficient alternative methods of contact for you to maintain a relationship with your child, then it is possible to make an enforcement application to the court.
“Unfortunately COVID-19 has been used as an excuse by some to frustrate contact and this will be looked upon dimly should such matters come before the Court.
“The Courts are still open and if emergency orders are required, this can be sorted.
“If you are unsure of your obligations or where direct communications with the other parent are not possible, speak to a solicitor.”
Tier 3 area information:
In tier three areas, social mixing between households is prohibited both indoors and outdoors in any setting, such as private homes, pubs, restaurant or private garden, but support bubbles and childcare bubbles are allowed to continue.
The Rule of Six will only apply in certain outdoor settings, such as parks, beaches, allotments, public gardens, and playgrounds.
Pubs and bars in high risk areas can only remain open if operating as a restaurant by serving “substantial” meals, such as a main lunch dish or evening meal. Alcohol can only be served as part of such a meal.
The Government has also advised people not to travel in and out of high risk areas and for those residing in tier three regions to stay local.
For further advice on COVID-19 and your childcare arrangements contact Lindsey Canning at [email protected]
