2020 has been a difficult year for everyone, with additional health concerns and financial stresses. This is particularly so for separated parents whose children go between two households in order to have a meaningful relationship with both of them. The Lord President, the most senior judge in Scotland, issued additional guidance on 18th November 2020 in relation to how existing contact orders should be operated and how parents can consider whether contact between a child and a parent should go ahead. With this in mind we've listed some points to consider below for parents' general guidance.
Travel
There is a general exemption to travel restrictions at any of Scotland's tier levels where travel is for the purpose of shared parenting. This means that where there is a court order or other formal arrangement for contact this should be adhered to, unless you both agree to alternative arrangements. If you agree to vary those arrangements it's a good idea to keep a note, even by way of text or email, confirming what has been agreed.
Health of households
Many people have been impacted by covid either directly or through having to self isolate as they may have been in contact with someone with the virus. Of course this is of concern to parents. Communication here is key and remembering that the child's best interests are the paramount consideration. Parents have been urged by the Lord President to act reasonably and sensibly. It may be that contact shouldn't take place for a while, which might be hard to accept but might be best for all concerned. It may be that it should take place, which could be equally concerning for the other parent, but the venue should be changed or alternative travel options considered to minimise everyone's risk.
Alternatives
Especially with older children, the advice, if contact physically can't take place for a period, is very much to be creative and consider alternatives. Could contact take place via video call? This should be encouraged where at all possible so there isn't a gap in contact between parent and child. Again, it may be that the times of such contact should be changed, could shorter calls take place more frequently during the time one parent is self isolating? All these things should be considered.
Our experienced team of Family Solicitors would be happy to provide further guidance and information in relation to your own individual circumstances.
