The law is constantly evolving, particularly during this uncertain time. It is understandable that there may be some concern how it may apply to you with regards to court orders made relating to parental rights and responsibilities.
The Lord President has issued general guidance to parents and carers whose children are the subject of such orders. While the circumstances of each family will differ, the guidance offers some clarity on how to proceed during these difficult times.
The Guidance of Scottish Government and UK Government
The Governments’ general position is that it is no longer permitted for a person, including children, to be outside their home for any purpose other than essential shopping, daily exercise, medical need or attending essential work.
Exceptions for Separated Families
Specific UK Government guidance offers an exception where partners live in separate homes and alternate looking after their children. You can continue to do this and travel between the separate houses with the children.
It should be noted that this does not mean that children must be moved between homes. If there is a court order or formal agreement in place, parents should try to keep to existing arrangements, unless a variation is agreed between both parents. It is sensible to make a record of any such variation.
Where there is a more informal agreement, a discussion must be had on whether a child is to move between homes after assessing all relevant circumstances, including the risk of infection. A decision should be reached which is expected to be sensible, safe and in line with Government guidance between both parents.
Varying an Order
Where parents or carers are in dispute over varying the court order, there are avenues available to each parent. If one parent is sufficiently concerned that compliance with the court order conflicts with current Government advice, that parent may vary the arrangement by exercising their parental responsibility to one they view to be safe. In doing so, it is important to act reasonably and sensibly in light of the Government guidance in place at that time, as this will be considered by the court should the other parent question the alteration made.
If a child does not get to spend time with one parent as set down in the court order, it is expected that alternative arrangements be made to maintain regular contact between the child and other parent safely. Modern technology should be utilised where possible, such as FaceTime, WhatsApp or other means of communication should be considered. During such times, regular communication between all parties is key to managing the situation and agreeing a sensible solution.
Child Welfare Hearings
Non-urgent business is not being dealt with in court, including non-urgent child welfare hearings. In such cases, it is important to consider alternative methods of resolution in light of the current changes to bring about a solution in the best interests of the child(ren) concerned.
In urgent cases, the court will consider an application for a child welfare hearing to be fixed but needs to be satisfied that it is essential. Should the hearing proceed, the normal rule dictates that parties must attend except on cause shown. The Coronavirus crisis is accepted as an appropriate reason for non-attendance. Parties are not required to attend child welfare hearings in person at this time.
Overall, the Court’s approach is a common sense one, designed to find solutions to difficult circumstances in unprecedented times. If you require advice on any of these issues, we will help you find a solution. If you have any questions relating to the above or any other issue affecting you during the current crisis then get in touch by telephone 01389 756785 or by email info@jpsolicitors.com. Whilst the office is currently closed we continue to work remotely and are on hand to provide advice and assistance.