What does the current Welsh Government guidelines mean for single parents with shared care responsibilities?
There is alot of information and continuously changing rules and guidelines around Covid-19. We have collected some links and useful information for single parents in Wales to access around coparenting, contact and where they stand with all of this.
What is the general guidance for single parents who have children that travel between 2 households?
“Where parents do not live in the same household, children under 18 can be moved between their parents’ homes”
— COURTS AND TRIBUNALS JUDICIARY
Sophie Lougher, Family Law Solicitor gave her advice:
Since the outbreak of Coronavirus, there has been great uncertainty as to what people can or cannot do, as government guidelines have varied across the UK. That being said, very early on, the government issued guidance on contact arrangements for separated parents, stating ‘Where parents do not live in the same household, children under 18 can be moved between their parents’ homes’. This guidance has been upheld throughout lockdown, and therefore separated parents should ensure that all contact arrangements between their children and the non-resident parent is upheld. The only arguable exception to this rule would be if anyone in either parents’ household or extended household have symptoms of Coronavirus. Where this is the case, all people within this ‘bubble’ should endeavour to get tested and self-isolate until they receive the results. If the results are negative, then isolation is not necessary and contact should resume immediately; however, if any of the results are positive, the children should remain with the parent they are with for 14 days. At the end of this period, any child arrangements should resume as they were immediately prior to isolation.
As contact between children and their parents is considered to be so important in the eyes of the law, travel, physical contact between parents and any overnight stays to facilitate this is considered to be essential; although if the 2 metre distancing rule could be upheld, parties should adhere to this at handovers. Therefore, even now parts of the country are going back down into lockdown, contact between children and their parents should continue, irrespective of where the parents live, as long as everyone in each parent’s bubble is adhering to the rules and no-one is symptomatic, there is no justification for contact being prevented. Obviously everyone’s circumstances are different and therefore, if you still have questions or concerns after reading this, it is advisable to obtain specific legal advice.
E: sophie.lougher@zeusfamilylaw.com
T: 07710 657217
If you have sufficient concerns for the safety if your children
Make a sensible assessment of the circumstances:
What is the child’s current health?
What is the risk of infection?
Are there any recognised vulnerable individuals in either households?
Where possible:
Try and get something agreed and contact adapted and varied in the best interests of the child and whilst still trying to maintain contact between both parents.
Try and get this agreed and noted down via text, email etc
Where parents do not agree to vary the arrangements
If a parent is sufficiently concerned, and they can evidence that contact would go against current Public Health Wales/ England advice:
Then that parent may exercise their parental responsibility and vary the arrangement to one that they consider to be safe.
Try to see if there is another way that contact can happen, including temporary adjustments of plans.
The Family Court will look at whether each parent acted reasonably and sensibly in the light of the official Gov advice and guidelines.
If you have a Child Arrangement Order in place and you stop contact without good reason, you could be in breach of that order.
Courts and Tribunals Judiciary- Coronavirus crisis guidance on compliance with Family Court
Are you concerned about yours or your child’s safety?
If you're worried about your child's safety during contact, call NSPCA on 0808 800 5000 or email help@nspcc.org.uk for advice.
If you are experiencing domestic abuse by parent you have a contact arrangement with then here are some organisations that are here to help and support you:
Find your local information and support service in Wales for domestic abuse here
There are also some other links on SPW here.
If there is an emergency don’t hesitate to contact 999.
What about local lockdowns?
“You can continue existing arrangements for access and contact if you share parental responsibility for your child with another person, including leaving the local area if needed. Please ensure you follow the guidance on frequent hand washing and do not place others at risk if you or a member of your household is self-isolating.”
— GOV.WALES
The Welsh Government made it clear that children can go between two households between parents sharing caring responsibilities.
This applies to local lockdowns aswell. Even if there are different rules between the areas, contact should not be stopped, as this travel to see, drop off or pick up their child/ren is classed as essential.
Therefore, contact should not automatically be stopped as parents are able to travel to see, drop off or pick up their child.
Parents in each household should adhere to lockdown guidance, social distancing, face masks and make sure that they keep up to date with the ongoing changes in areas when spending time with their child/ren.
https://gov.wales/caerphilly-county-coronavirus-lockdown-frequently-asked-questions#section-49809
How to travel between 2 households
Ideally, each parent should travel by car and avoid forms of public transport
However, If this isn’t an option and public transport has to be used, follow the government social distancing guidelines of maintaining 2 metre distance, wearing masks and washing hands on arrival at home.
What about the extended household rules?
“Where parental responsibility is shared, existing arrangements can continue and the child can move between both parents, and therefore between both parents’ households”
— GOV.WALES
The child/ren will be considered to be a part of the extended household of the parent that they are with at that time. The child can move freely between households and be a part of both extended households.
Gov.Wales coronavirus regulations guidance
What if someone between the 2 households has Covid-19?
If a child or someone in their household has either symptoms or confirmed Covid-19 they should self isolate and should not be transferred between households.
If one parent has symptoms or confirmed Covid-19 and is therefore self isolating, then it is not advised that the child go and spend time with them until the isolation has ended (14 days after symptoms began).
Stay at home guidance for households with possible Covid-19 infection
If you have any useful information that you would like us to share or add to this then get in touch.
Useful links:
https://www.cafcass.gov.uk/covid-19/advice-for-parents-and-carers-on-covid-19/
https://gov.wales/coronavirus-regulations-guidance
https://phw.nhs.wales/topics/latest-information-on-novel-coronavirus-covid-19/
https://www.nspcc.org.uk/keeping-children-safe/support-for-parents/separation-and-divorce/