By Jones Myers Solicitor, Lisa Russell

In a tumultuous week which has seen schools and colleges in England closed until at least half term and A-Levels and GCSEs cancelled, estranged parents are seeking clarification about contact arrangements for their children.    

The third national lockdown – forced by a surge in the new variant of Covid-19 – will no doubt further increase logistical and practical challenges for parents who are divorced or separated.  

Restrictions mean everyone must stay at home except those who cannot work from home. Leaving the house is only permitted for specified reasons including essential shopping, medical assistance and exercise.

Children under 18 whose parents are separated can still continue to visit parents they do not live with – providing both households are healthy and children are not put at risk.

Support and child care bubbles can remain the same but, as with previous lockdowns, children and their parents cannot mix with people (either indoors or outdoors) outside their parents’ households.

The latest school closures will no doubt be very difficult for separated parents who will need to ensure their children can participate in remote learning – regardless of whose home they are in throughout the week.

Children of key workers will be entitled to school provision and nursery school children can access Early Years childcare which will remain open.  

It is vital that separated parents communicate regularly and are flexible regarding their usual child contact arrangements to enable each parent to continue to work.

The guidance from the President of the Family Division and Head of Family Justice, RT Hon Sir Andrew McFarlane back in March 2020 remains as relevant now as it was then. “It is for the child’s parents to make after a sensible assessment of the circumstances, including the child’s present health, the risk of infection and the presence of any recognised vulnerable individuals in one household or the other.”

There is a lot of evidence that children can thrive in separated families.  What is damaging for them is being exposed to conflict between their parents.

In situations where effective communication is not so straightforward, Mediation can help to work out suitable arrangements. It can also minimise the risk of children being “caught in the crossfire”.

Jones Myers highly committed Children’s Department balances the needs of children and their parents in issues including residence and contact disputes, care proceedings, international child abduction and adoption.

Our specialist lawyers are here to advise and support in all areas of children and family law through the challenging and uncertain days, weeks and months ahead.     

Call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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By Jones Myers solicitor, Lilly Grant

The second UK lockdown – which has been underway since 5^th November – has understandably left many separated parents concerned over how it affects arrangements for seeing their children.

The guidance for this phase remains the same as that issued during the early stages of the Covid-19 pandemic. It enables children under the age of 18 to move between their parents’ homes and continue to visit parents they do not live with – providing both households are healthy and children are not put at risk.

However it is vital that parents understand that, although child contact arrangements can continue during lockdown, it does not mean that children must be moved between homes.

Back in March the President of the Family Division and Head of Family Justice, RT Hon Sir Andrew McFarlane, stressed how decisions made during the pandemic should always be in children’s best interests.

He said “It is for the child’s parents to make after a sensible assessment of the circumstances, including the child’s present health, the risk of infection and the presence of any recognised vulnerable individuals in one household or the other.”

A spirit of mutual cooperation between estranged parents is critical for the wellbeing of children who may suffer from increased anxiety and uncertainty in the current climate which can affect their behaviour. 

Separated parents are urged to adopt a spirit of mutual co-operation and communicate regularly to consider how contact arrangements, including Child Arrangement Orders, can be facilitated safely to ensure their children’s wellbeing.  

We also understand there are situations where effective communication is not so straightforward.  Managing separation is challenging at the best of times – and times have certainly been better. 

There is a lot of evidence that children can thrive in separated families.  What is damaging for them is being exposed to conflict between their parents.

Mediation, where an impartial professional supports a conversation between parents, can really help to work out suitable arrangements, whilst minimising the risk of children being “caught in the crossfire”.

Jones Myers highly committed Children’s Department and family law teams are working at full strength throughout the epidemic and reacting quickly to provide urgent legal advice whenever needed.

We advise and support our clients – balancing the needs of children and their parents – in issues including residence and contact disputes, care proceedings, international child abduction and adoption.

If you have any comments, queries or concerns on children, divorce or family law related issues, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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By Liz Bell, solicitor

Following on from our earlier blog, which highlighted how a high percentage of cohabiting couples wrongly believe that they have legal protection when their relationship breaks down, we answer more of your most commonly asked questions.

My partner and I are splitting up and all our joint savings/investments are in their name. Can I access them?

No. Couples in England and Wales who live together, as opposed to marrying or being in a civil partnership, have no automatic access to, or control of, assets or property held in their other half’s name.

I’m unable to work. Can I secure maintenance if my relationship breaks down?

Not without a cohabitation agreement which includes provision for maintenance.

Is this all very unfair? 

Many people think so. While current legislation requires family courts to establish what is ‘fair’ for divorcing couples, when it comes to cohabitees, the courts must determine the couple’s shared intentions.

My partner has a large pension pot, but I don’t. What would happen if we split up before they retire?

An unmarried person cannot claim on their ex’s pension without written agreement.

What will happen regarding their pension if they die before me?

Most pension companies will not pay out to cohabiting partners upon death – particularly occupational schemes. However there are some limited circumstances where the pension arrangement, with the agreement of the partner, can make limited provision.

Furthermore, unlike married couples, cohabitees are not entitled to receive the state pension or bereavement allowance for dead partners. This makes it even more important to scrutinise carefully the terms of every private pension scheme partners contribute to – as well as agreeing the entitlement of each to a share of the other’s in writing.

What financial protection is there for our children?

This is one area where there is equal treatment under the law. The children of unmarried parents have the same rights to financial support as those of married ones. The Child Maintenance Service (CMS) is responsible for assessing and enforcing maintenance. However, where a parent’s income exceeds the CMS’s jurisdiction, the other can apply to the family court to increase payments.

Who gets to look after our children and decide their upbringing/education if we part?

Ideally, childcare can be agreed between former partners, but either party can apply to the family court to settle disputes. Decisions about where the children should reside and the contract rights of each parent are always based on the children’s best interests.

Alternatively, a couple can enter into non-confrontational collaborative law, mediation or arbitration. These are reduced conflict, cost-effective and less stressful routes to resolution that any responsible family lawyer should suggest.

Is statutory protection for cohabitees likely to be brought into line with married couples and common law partnerships?

There is increasing pressure on the government to improve rights for cohabiting couples and Jones Myers is very active in the campaign, however it is difficult to know if, and when, anything will change.

The shifting political landscape and uncertainty makes it particularly important to secure sound legal advice before, during and after the relationship

Our highly skilled family law specialists are adept at dealing with issues arising from cohabitation – whether advising you on your rights before you cohabit – or if your relationship has broken down.

For more information about any aspect of cohabitation or family law, call Jones Myers at our Leeds office on 0113 246 0055, our Harrogate office on 01423 276104, visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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