Posts

Showing posts from March, 2020

Social Distancing for Separated Parents: Can I Still See My Child?

Image
**UPDATED 25 March 2020** Last night, after the Prime Minister's address to the nation, I promised to try to answer some of the questions now faced by those separated parents worried about how the Government’s latest advice will impact both on existing arrangements with their children and those seeking orders. I have seen and read many social media comments about this topic. There seems to be a wide divergence of views from family lawyers up and down the country. The Law (briefly, I promise!) The first (and perhaps obvious) thing to say is that these are unprecedented times. There is no precedent for the treatment by the courts of the impact of Covid-19 on the movement of children across different households.   In short summary, as a parent enforcing an order you must prove b eyond all reasonable doubt (note the much higher criminal standard of proof) that there has been a breach of the order. The other parent may have a defence if they can prove, on the balance of