Court Of Appeal Judgment Provides Further Clarity On Child Arrangements Where One Parent Is In Quarantine
Since March, many separating parents have struggled with understanding what limits should, or should not, be put on the movement of their children between their respective homes. This was particularly acute at the start of lockdown, when Samantha was interviewed on BBC news.
For those parents who are returning from holiday, or who are required to self-isolate for 14 days, the recent judgment of the Court of Appeal in Re K [2020] EWHC 2394 (Fam) is very helpful.
In particular, the judgment highlights that it is the requirement on every Judge who is considering making an order for a child to visit a parent to consider the welfare checklist in the Children Act 1989 s 1(3). Included in that list is the need for the Court to consider the child’s physical needs and any risk of harm to which the child might be exposed.
The purposes of the Quarantine Regulations are to protect the citizens of England from Covid-19 infection that is unwittingly brought into the country by infected travellers. In this case it was in the child’s interest to be protected from infection and the Court should therefore give effect to the purpose of the regulations and be extremely reluctant to make an order that exposes a child to the risk of contracting Covid-19 when a parent has arrived from a country that does not have the benefit of a travel corridor exemption.
With the purpose of the quarantine regulations being to protect from infection, a parent who had a child in their care would have reasonable excuse for not complying with a pre-existing order requiring the child to spend time with the other parent if that other parent was required to quarantine following a trip abroad.
We regularly advise couples, together, as to what arrangements a Judge would consider to be in the best interests of their children. If you are stuck, or at an impasse, feel free to reach out to us and we can offer video link meetings with an impartial, expert barrister to get you back on track.
Author Name: Editor
Published content by The Divorce Surgery Editorial Team.
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