By Jones Myers Solicitor, Lisa Russell

Following a year like no other, many separated parents have extra concerns and questions about the arrangements for their children during the festive period due to the Government’s Covid-19 restrictions.

In what can in normal circumstances be a difficult and emotional time of year, separated parents are also having to navigate further rules – which are constantly changing – and which will influence how families can spend time together during the holiday period.

Following a change in restrictions on 19th December 2020, those living in the new four areas in England can now only celebrate Christmas with members of their own household and support bubble. They cannot travel to other tiers to spend time with family and friends. 

For people in tiers 1,2 and 3, a Christmas bubble can continue to be formed. However, this is now restricted to allow up to three households to meet on Christmas Day only. Christmas bubbles are no longer permitted between 23^rd and 27^th December. Family and friends in Tier 4 cannot be included in the Christmas bubbles of those living in the lower tiers.

It is recommended that everyone stays local and avoid travelling from a lower to a higher prevalence area. Importantly overnight stays are prohibited and therefore this in Christmas bubbles can spend time with each other during the day only.

If you are in an existing support bubble with someone who lives in a Tier 4 area, you can see each other on Christmas Day. If you choose to do so, you must not join a Christmas bubble with anyone else.

As with the earlier lockdown, children under the age of 18 can move between the homes of separated parents and their respective “Christmas Bubbles”.  Nobody else should be in two bubbles.

If one or both parents live in a Tier 4 area, children may continue to move between their parents’ houses, but neither household is permitted to join a Christmas bubble with others.

Here are our tips for managing your arrangements:

1. Plan Now – the earlier communications begin the better. Discussing the arrangements for Christmas early will allow time for consideration of each other’s expectations and plans and, importantly, compromise if there is no immediate agreement.
2. Remain Child-Focused – Like all children, mine have also experienced an extremely unusual and unsettling year. Unable to attend their normal nursery, school, alternative child care provision and extracurricular activities; they have also been prevented from socialising with peers, family members and enjoying the freedoms and experiences which childhood should bring. Most children will no doubt have experienced confusion, worry and anxiety at one time or another during this pandemic.  Listen to your children’s views. It is important to remember that Christmas celebrations do not have to take place on Christmas Day to be special and exciting for our children. The magic of Christmas can happen twice!  Now, more than ever, your children need to feel secure and loved and not bear responsibility for choosing between their parents and, in turn, their wider families.
3. Keep up to Date with & Remember the Rules – Depending upon which tier you live in, there is now just Christmas day when your children may have an opportunity to see their wider families which could include siblings, cousins, grandparents and other extended family members. It is therefore important to think flexibly and acknowledge that arrangements which worked previously may not this year for a number of reasons. They include how the ‘normal’ division of time may not allow for both parents to spend time with the children during this one-day window taking into account the new tier system. For families where a separated parent wishes to travel abroad with children there are additional considerations. With travel restrictions changing daily, consult Government travel guidelines and be aware that the parent will need to ensure that all Covid-19 rules and precautions are followed including the need for quarantine and regarding any risk factors at the intended destination. The consent of the other parent who has Parental Responsibility must be obtained. If it is not given an Order from the Court granting permission to travel with the children is required. Bear in mind the Court system is currently under considerable pressure and it may not be possible for an immediate hearing – therefore the earlier the agreement or disagreement is established the better.
4. Have a Plan B – agree a contingency plan to avoid anxiety and disagreement at the last minute if original plans are not possible.
5. Seek Legal Advice – if you require legal advice in respect of the arrangements for your children during the festive period or otherwise please do not hesitate to get in touch. We offer 30 minute free consultations by telephone or video call.

For more information contact 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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This week is pivotal in the development of many children and young people in England who are returning to school for the first time in over five months.

However the school environment and routine that was reassuring and familiar to them earlier this year has changed dramatically as a result of the Covid-19 pandemic.

New measures implemented to help safeguard their well being include one way systems, different playground rules and staggering starting and finishing times.  

Secondary pupils in local lockdown areas such as Bradford, Calderdale and Kirklees will also have to wear face coverings in school corridors.   

While looking forward to being reunited with their friends, children will understandably feel anxious about the new rules, particularly those who are old enough to have seen and read about the mixed reactions to schools reopening.        

It is therefore vital that their parents – particularly those who are divorced or separated – do their utmost to help ensure a smooth transition.

This can be achieved by working together in a spirit of mutual cooperation to communicate even more closely with their sons and daughters and find out how they think and feel about the myriad of changes they face.

Talking to them and reassuring them why the measures are needed will help to ease apprehensions and anxieties they may be experiencing.

Making sure children stick to a routine outside of school with set times for eating, bedtime and pastimes has also taking on an unprecedented importance.

Creating a stable environment where the best interests of children and young people are the overriding priority requires establishing and sustaining a workable solution.

Above all in these turbulent times estranged parents can remind their children that they both love them very much and are here for them in the days, months and years ahead.         

Jones Myers committed teams are continuing to support our clients through these exceptional circumstances.  

Our dedicated Children Department of highly experienced professionals balances 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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Emma’s appointment follows a series of milestones in 2012 – 20 years since our firm was founded as the first family law practice in Leeds by partner and leading UK family lawyer Peter Jones.

In recent months Peter has become one of only four legal experts in Yorkshire – and the first in Leeds – to qualify as an arbitrator. At the same time our practice, described as ‘Utterly brilliant” in the latest Chambers guide, has expanded to premises in the South East headed by highly experienced family lawyer David McHardy LLB.

Emma, a graduate from Leeds Law School, gained two years’ experience in divorce and contact law before joining Jones Myers LLP. She is finding it rewarding being part of our children’s specialist department which has a strong reputation for its expertise in representing parents, Local Authorities, children and children’s guardians.

Emma’s problem solving approach and commitment highly compliment our ethos and we’re enjoying having her on board as a valuable member of our dedicated children’s team which is made up of very experienced and empathetic professionals, each bringing their own unique skills to balance the interests of both children and parents.

We can offer practical advice and support on areas such as residence and contact, adoption and abduction – including international cases – in addition to representation throughout court proceedings.

For more information contact us below, drop us a Tweet @helpwithdivorce or call us on 0113 246 0055.

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