How do the Government guidelines for Christmas interaction impact on a parent’s legal obligations to a child or children’s scheduled contact with a separated parent during the festive period?
The UK Government published guidance called “Making a Christmas bubble with friends and family” last month which refers to what should happen between 23 to 27 December 2020 inclusive.
Lindsey Canning, head of family Law at Wake Smith Solicitors, looks at what this really means for families.
“The guidance does not replace the Tier system wherever you are located but just allows some flexibility over Christmas through the bubble mechanism.”
For parents of separated children the agreed rules still apply.
- Minor (i.e. those aged under 18) children of separated parents can continue to move between their homes with each parent and/or each parent’s Christmas bubble. No one other than minor children of separated parents should be in more than one bubble.
- The separated parents can mix indoors where necessary with the other parent to allow children to move between homes but they do not form either a household or a support bubble.
- Government Guidance says that provided you otherwise meet the criteria to form a support bubble you may, if you share contact with a child with someone you do not live with, also form a support bubble.
- So, if, despite being separated, parents enjoy a good relationship and choose to spend Christmas together with their child[ren] they will constitute two households and can, if they wish, elect to join one further household to form their Christmas bubble.
“Existing arrangements in place for child contact, whether it is for a separated parent, siblings or other family members, should be adhered to as far as is reasonably practicable.
“Tier 3 advice is not to travel in and out of high risk areas and for those living in tier three regions should stay local, but separated parents have always been exempt to the guidelines.”
“Keeping to the same schedules and patterns is the best way to approach this but follow the Government guidelines, and health considerations for your family.
If contact cannot take place, then look at:
- Regular online (Skype or FaceTime) calls as per scheduled contact
- 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 Christmas time can especially distressing.
“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.
“The Courts are still open and if emergency orders are required, these can be applied for.
“If you are unsure of your obligations or where direct communications with the other parent are not possible, speak to a solicitor.”
For further advice on COVID-19 and your childcare arrangements contact Lindsey Canning at [email protected] or on 0114 266 6660
