Court should be the last resort to gain access to your children
My ex-partner and I ended our relationship three years ago. Although we were never married, we have two children together aged four and six.
I had regular contact with my children every weekend until March 2020 when the Covid-19 pandemic began. As a result, my contact with the children has been sporadic. I have indirect contact with my children twice a week, but my expartner is being unreasonable and refuses to allow face to face contact until the pandemic is over. Should I apply to court for a Child Arrangements Order?
In terms of the current Covid-19 pandemic, the UK Government has allowed children to move between homes if their parents are separated. This has been the Government’s advice throughout the pandemic. However, in certain instances, such as where a child or the parent with whom the child does not live with has to selfisolate, the UK Government has stated that contact arrangements should not take place.
It is an expectation of the court that when parties with children separate, arrangements should be made between the parties where possible to avoid any unnecessary court involvement and prioritise the best interests of the child.
If it is not possible for parties to resolve child contact issues themselves, they may wish to consider using family members or friends where appropriate to ensure discussions and negotiations remain neutral and child focussed. Parties may also wish to involve family members or friends to assist with contact handovers to avoid any hostility between the parties if their relationship is no longer amicable.
Solicitors can assist with negotiations in circumstances where parties are unwilling or do not feel they are able to come to an amicable arrangement between themselves.
If negotiations are not successful, a mediator can be used to discuss matters together or separately.
If parties cannot agree, you may be able to apply to court to resolve the dispute. If you have parental responsibility you can apply to court for a Child Arrangements Order seeking contact. Alternatively, if you do not have parental responsibility, you will need to seek the court’s permission before you can apply for a Child Arrangements Order.