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| Coronavirus: Custody fight parents told not to exploit lockdown | Coronavirus: Custody fight parents told not to exploit lockdown |
| (32 minutes later) | |
| Separated couples exploiting the Covid-19 lockdown to stop an ex-partner from seeing their child could face court action, says a senior judge. | Separated couples exploiting the Covid-19 lockdown to stop an ex-partner from seeing their child could face court action, says a senior judge. |
| Head of the family courts Sir Andrew McFarlane says children should continue to visit parents they do not live with, as long as both households are healthy. | |
| Family lawyers told the BBC they have been inundated with separated parents arguing over contact during lockdown. | Family lawyers told the BBC they have been inundated with separated parents arguing over contact during lockdown. |
| Some say parents have exploited Covid-19 guidance to stop visits altogether. | Some say parents have exploited Covid-19 guidance to stop visits altogether. |
| The guidance for parents who live apart states that children under the age of 18 can be moved between their parents' homes after a sensible discussion, and an assessment that the children are not being put at risk. | The guidance for parents who live apart states that children under the age of 18 can be moved between their parents' homes after a sensible discussion, and an assessment that the children are not being put at risk. |
| But for some parents, trust and communication have broken down, and conversations over child visits can seem impossible. | But for some parents, trust and communication have broken down, and conversations over child visits can seem impossible. |
| 'Cynical and opportunistic' | 'Cynical and opportunistic' |
| Sir Andrew, who is in charge of family courts in England and Wales, says those ignoring child court orders could end up facing legal action. | Sir Andrew, who is in charge of family courts in England and Wales, says those ignoring child court orders could end up facing legal action. |
| He warns: "If the parents are acting in a cynical and opportunistic manner, then that's wrong, and the courts will regard it as wrong." | He warns: "If the parents are acting in a cynical and opportunistic manner, then that's wrong, and the courts will regard it as wrong." |
| Samantha Woodham, family law barrister and co-founder of the Divorce Surgery, says she has been overwhelmed with calls for clarification since the lockdown guidance was introduced. | Samantha Woodham, family law barrister and co-founder of the Divorce Surgery, says she has been overwhelmed with calls for clarification since the lockdown guidance was introduced. |
| She says she has heard about cases where parents are abusing the system, and is calling for clearer rules on when parents should and should not be changing child arrangements. | She says she has heard about cases where parents are abusing the system, and is calling for clearer rules on when parents should and should not be changing child arrangements. |
| Cabinet Minister Michael Gove caused confusion among families when England announced its lockdown. | Cabinet Minister Michael Gove caused confusion among families when England announced its lockdown. |
| Appearing on ITV's Good Morning Britain, he said children were to remain in the household they were currently in. | Appearing on ITV's Good Morning Britain, he said children were to remain in the household they were currently in. |
| But minutes later, on BBC Breakfast, Mr Gove said children under the age of 18 could move between households. | But minutes later, on BBC Breakfast, Mr Gove said children under the age of 18 could move between households. |
| Mrs Woodham is calling for further clarity in the COVID-19 guidance: "The fact that the guidance is permissive, stating that children 'can' move between homes, is actually not enough. | Mrs Woodham is calling for further clarity in the COVID-19 guidance: "The fact that the guidance is permissive, stating that children 'can' move between homes, is actually not enough. |
| "Being told that children 'should' move between homes would actually really help parents in this time of uncertainty." | "Being told that children 'should' move between homes would actually really help parents in this time of uncertainty." |
| 'I miss him' | 'I miss him' |
| Alex - not his real name - says he received an email from his ex-partner the day the UK went into lockdown, saying he could no longer see his 10-year-old son, despite a child court order stipulating ongoing visits. | Alex - not his real name - says he received an email from his ex-partner the day the UK went into lockdown, saying he could no longer see his 10-year-old son, despite a child court order stipulating ongoing visits. |
| Alex says his ex-partner felt his role as a key worker meant he was at high risk of catching and spreading the virus. | Alex says his ex-partner felt his role as a key worker meant he was at high risk of catching and spreading the virus. |
| But he says he is working from home 90% of the time, and has been following all safeguarding guidance. | But he says he is working from home 90% of the time, and has been following all safeguarding guidance. |
| "I miss physically seeing him in front of me, being able to have a laugh, talk, see how his day has been," he says. | "I miss physically seeing him in front of me, being able to have a laugh, talk, see how his day has been," he says. |
| "I totally understand the fear and worry of any parent if your loved ones are in contact with somebody who is a key worker, but that shouldn't be a reason to punish you." | "I totally understand the fear and worry of any parent if your loved ones are in contact with somebody who is a key worker, but that shouldn't be a reason to punish you." |
| Hospital consultant Robert - not his real name - faced a lengthy battle to be in regular contact with his son. | Hospital consultant Robert - not his real name - faced a lengthy battle to be in regular contact with his son. |
| Following the restrictions imposed, his ex-partner suspended all contact except for a short phone call once a fortnight. | Following the restrictions imposed, his ex-partner suspended all contact except for a short phone call once a fortnight. |
| He says he feels frustrated that she has disregarded the guidance and his efforts to make it work. | He says he feels frustrated that she has disregarded the guidance and his efforts to make it work. |
| "All of my proposed assurances to strictly observe social distancing and cancel non-essential travel proved inadequate to the mother, who only sees her opinion and interpretation as the final judgment. | "All of my proposed assurances to strictly observe social distancing and cancel non-essential travel proved inadequate to the mother, who only sees her opinion and interpretation as the final judgment. |
| "Sadly, I won't be the only parent subject to this manipulative interpretation of the current guidance." | "Sadly, I won't be the only parent subject to this manipulative interpretation of the current guidance." |
| Sir Andrew, however, believes the guidance is adequate. | Sir Andrew, however, believes the guidance is adequate. |
| He says that a child's safety with regard to the virus is a matter for parental judgement, and the courts would not take that away. | He says that a child's safety with regard to the virus is a matter for parental judgement, and the courts would not take that away. |
| He is urging families in conflict to focus on children's welfare, and to make sure they are in touch with both of their parents. | He is urging families in conflict to focus on children's welfare, and to make sure they are in touch with both of their parents. |
| "Do something you don't want to do, for the sake of your child." | "Do something you don't want to do, for the sake of your child." |