COVID-19 FAMILY LAW

COVID-19: PERSPECTIVE A FAMILY LAW

As a local family law practitioner I have come to expect the unexpected but these current times are unprecedented. Here is some timely guidance, advice and perspectives to help families during the COVID-19 lockdown.

Separated parenting

If the shared time of children between separated parents is working then it doesn't need to change. The Judiciary Guidance states “where parents do not live in the same household, children under 18 can be moved

between their parents’ homes”. The child’s welfare must come first and, quite naturally, they are likely anxious at this time and you may wish to keep them settled at home. On the other hand, provided there are no health risks, they may benefit from the normality of their usual routine.

The same applies where there is a court order. This should not be a mandate for a parent to go against the arrangements ordered but perhaps be inventive, using live video chat through FaceTime, WhatsApp, Skype and Zoom. And don't forget grandparents, who can join in on group chats. You can talk to your child about the virus. Use simple language and encourage them to ask questions. Above all, reassure them.

Court hearings

These are still taking place, albeit remotely and by videolink, and there is detailed guidance on this. If all this sounds scary to those without a lawyer, this should not discourage you from making your application

Domestic Abuse

Sadly, this is on the rise and this is not surprising due to the restrictions of the lockdown. The police do take domestic incidents very seriously and if you fear for your safety you must call 999*. On a practical level, Refuge offer a 24-hour free helpline on 0808 2000 247 and, locally, there is Birmingham & Solihull Women's Aid on 0808 800 0028. These organisations, and others, will talk to you confidentially, advise you and assist you in leaving your abuser.

Legal remedies are available and you can apply for a non-molestation order to protect you from the abuse and, if appropriate, you can apply for an occupation order preventing your abuser from entering and remaining in your home. Your abuser could be ordered to leave your home even during lockdown.

Divorce now or wait?

If you are contemplating divorce, my advice is get on with it now. Even before the COVID-19 crisis there was a huge backlog of divorces to be processed, often taking up to 12 months to conclude. It still is the case that, for those on a low or income or without income, there is an exemption from the £550 court fee (Form EX160 from www.gov.uk). So if you think financially things will improve for you, you could save on the fee by applying now.

As part of the divorce process, you may want to address what is to happen with your home and the finances. Consider whether to wait until after the lockdown to have the assets valued as, for example, house prices are likely to be low just now. If you are putting off dealing with the finances (you can divorce now and address this at a later stage) consider having a separation agreement in place which will set out your financial arrangements. Judges are likely to uphold such if they are entered into formally and are fair to each party.

It might be worth using your lockdown time to consider mediation. Mediation services are available and their sessions are taking place by telephone or video link. These are a well worth alternative to the stress of trying to sort out your financial and child arrangements through solicitors and legal aid can be available for their services.

Cancelled wedding?

Most disappointing of all may have been the cancellation of your wedding. If it has been re-scheduled, perhaps use this time to look at wealth protection and consider making a pre-nuptial agreement. Even if you are not marrying, but considering living with your partner and buying your home together, look at making a Living Together Agreement. No one wants to consider parting, but think of it as a piece of insurance.

Pauline O'Rourke - Consultant Family Solicitor, South and Central Birmingham.

Contact Pauline on 0121 270 4760 / paulineorourke@newleafsolicitors.co.uk / www.newleafsolicitors.co.uk * If you call 999 but are unable to speak you can use the silent 999 call method - simply wait and key in 55 on your handset once prompted, keeping the call connected throughout.