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Law & Corinavirus
#1
Here’s everything in a nutshell re child arrangements orders and coronavirus - the legal position. It basically says that during this period any written agreements between parents will be classed as a temporary legal variation of the CAO. It also says that if one parent makes a unilateral decision to vary the CAO- eg for health or other risk reasons then there must be regular Skype, WhatsApp etc contact with the other parent. And that if in future the reasons for the unilateral decision are unreasonable then that will be judged.

So basically children must still have regular contact with both parents. If one or other feels it is not safe for them going back and forth they can agree temporary alternative arrangements between them and it will be a legal variation. But if one doesn’t agree then in future it will be looked at what damage that parent has done by preventing contact and there must be regular electronic contact at least.

And yes an ex could say they’re not coming as I am high risk- but then you show them this and say there must be regular Skype and WhatsApp because Sir Andrew Macfarlane said so.

https://www.judiciary.uk/announcements/c...nt-orders/
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#2
Thanks Charlie. My solicitor sent this to me, and also said she'd been inundated with cases where parents are messing about due to CoVID. She said in each case she makes it clear that unless they behave, an emergency application will be issued, and it seems to be working so far. My ex is actually being ok after this - I think she's realised that the prospect of having the kids stuck at home with her isn't something she can cope with !!
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#3
(03-25-2020, 11:17 PM)Charlie7000 Wrote: Here’s everything in a nutshell re child arrangements orders and coronavirus - the legal position.  It basically says that during this period any written agreements between parents will be classed as a temporary legal variation of the CAO. It also says that if one parent makes a unilateral decision to vary the CAO- eg for health or other risk reasons then there must be regular Skype, WhatsApp etc contact with the other parent. And that if in future the reasons for the unilateral decision are unreasonable then that will be judged.

So basically children must still have regular contact with both parents. If one or other feels it is not safe for them going back and forth they can agree temporary alternative arrangements between them and it will be a legal variation. But if one doesn’t agree then in future it will be looked at what damage that parent has done by preventing contact and there must be regular electronic contact at least.

And yes an ex could say they’re not coming as I am high risk- but then you show them this and say there must be regular Skype and WhatsApp because Sir Andrew Macfarlane said so.

https://www.judiciary.uk/announcements/c...nt-orders/

Thats a good clear legal statement to have and for some with difficult ex's will be enough of a considered warning. For those of us who have more difficult Ex's who have little or no consideration for others , clearly lack even basic common sense and forward thinking to events which are ever changing and impacting on everyones lives, then I would suggest writing a daily dairy and emailing it back to ourselves giving a time and date stamp of disputes. It can detail lack of clarity, confusion poor decison and welfare issues to changes that have to be made on practical arrangements. For Ex's like that its not that they change overnight, its simply ingrained in their character and the times we are living now with the enormous pressure and stress of daily living is a receipe for conflict in so many different areas.

At we knew before this crisis, the Court system in general was overloaded, every half decent Family Solicitor and Barrister would tell you they had more than enough work as it was. It is almost not worth contemplating what it will be like in a few months time !

You can only think that to get a successful outcome to a breach of order application for frustrating access, the bar will be set very very high, to evidence. 

Solicitors and Barristers are be inundated with raised cases and court applications to a system that struggled to cope before.

Keep a daily dairy and at some point down the line choose your battles wisely. 

Before then stay as safe and well as is possible for the love of our children and ourselves.
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#4
Thanks Charlie. I sent this to my Solicitor and asked her to chase Skype call as ex hasn't responded yet. I Asked my solicitor to tell her that an urgent application would be before a Judge if she ignores it.
Lets hope she will come to her senses (NOT)
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#5
You arent going to be denied contact cause you are high risk. Its if your ex is high risk she could refuse contact. Its basically saying you arent breaching a court order if you dont have contact for 3 months
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#6
I needed to mention that this is only for Skype call to replace Contact Centre till next hearing which is in late April.
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#7
That's the way to go Sb - contact mustn't stop because there is no contact centre. Hope it goes ok. Will be attempting to contact my son today as it would be his usual day here. That is what I had proposed - phone/text on the days he would normally be here but not had proper agreement so will send the judicial advice link to her if I don't get any today and say a formal schedule of skype calls must be set up.
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#8
Charlie i think you should try and have contact with your son now and isolate later . It could be 3 months plus before you may see him again. Figures are on the rise as we speak but i am sure by now you would know if your son had contracted it or not plus he isnt at school
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#9
Cheers Warwickshire. Had video contact today. There is good reason not to have him here at the moment without going into too many details. It's hard though. These new tests for immunity might help soon. ie if someone has immunity after having it they are not then a risk of passing it.
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#10
I had a respond from her through her solicitor that she is having an issue with her internet and also doesn't have a web cam for skype calls and she doesn't want me to have her number. FFS I don't want your fxxxx number just want to talk to my children.

I told her that you have an iPad. tablet, work laptop where you use skype for business, smart phone and your parents have also have smart phone a simple Skype application can be installed and thats it. What a horrible woman . I will use this at Court that under no circumstances she can co parent and I would want full custody after I clear my name with nonsense false allegations that has been going on for almost 2 years.
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