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Aaron D
Aaron D, Barrister
Category: Family Law
Satisfied Customers: 572
Experience:  LLB, BPTC
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If my daughters x husband has a court order to see his kids

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If my daughters x husband has a court order to see his kids and they are to sleepover at his house, but he is living with someone as a lodger, can my daughter refuse to let him take them as the people he is living with are not self isolated and there are people coming and going from their house all the time
Customer: replied 1 year ago.
I didnt see your reply
Customer: replied 1 year ago.
has this call been disconnected, please reply with a curt yes or no and i will continue to wait if you are busy

Hello, thank you for your question. My name is***** am a barrister and will assist you with this issue today. I'm not sure what has happened previously but I can assist nonetheless.

Please be aware that this is an e-mail service rather than a live chat. Sometimes there will be some delay between responses but I will try to reply as soon as possible.

Customer: replied 1 year ago.
Ok thanks for explaining that for me.
Customer: replied 1 year ago.
I’m ok with texts as I am not that wealthy

If there is a Child Arrangements Order and the other parent is not adhering to the terms then they are technically in breach of the order. However; a parent is able to go against the terms of a Child Arrangements Order if there is a reasonable excuse. A common reasonable excuse is if there is a safeguarding concern (harm could come to the child).

The Coronavirus is a fairly unprecedented occurrence and the courts have had to grapple with a fairly novel situation. The President of the Family Division issued some guidance on this situation and you can read this for yourself here: https://www.judiciary.uk/announcements/coronavirus-crisis-guidance-on-compliance-with-family-court-child-arrangement-orders/.

As you can see from the guidance, parents are being given a lot of discretion. It is hoped that parents will use their best judgment and only make decisions in the interests of the child and not use this situation to their advantage however.

In principle, if a parent is stopping contact due to a genuine COVID-19 safeguarding concern then the court is likely to "excuse" this breach. The court is going to be slow to punish a parent who is doing their best for their child.

So yes, if your daughter thinks that sending their child off to contact with their father puts the child at risk then this may be justified so long as it is a genuine concern.

Try to engage in some dialogue with the other parent if you can first. If they have genuine concerns then try to "think outside the box". Can contact take place via video calls etc instead? Could the other parent go out with the child to the park etc rather than take them home. Court orders are made without the foresight of these types of events so sometimes you have to agree between you different arrangements. So long as you both agree variations that is fine.

If they need help discussing this and want to try some mediation there are some services available. This site is recommended at the end of the President’s guidance I sent you the link for above: https://www.nfm.org.uk/new-service-co-parenting-through-the-coronavirus-crisis/. It is a form of mediation to assist parents to mediate over Covid-19 arrangements. It takes place remotely.

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

I will remain available for any follow-up questions.

Hello, I just wanted to check whether this answered your question or whether you required some clarification?

Customer: replied 1 year ago.
If you could answer me this I would b grateful. My daughters x has a non mol on him. He came last night and collected the kids. He normally stays with his sister but she has no room and a newborn child so he took the children to his parents house who are in their 70's. He lets the kids play and cuddle gran and grandad and tomorrow he will let them come back to mum and he goes back to his sisters house because his mum won't let him stay with her unless the grandkids are with him. This will happen every weekend. He is flitting between houses and his parents are not practicing lockdown, they ae out most days visiting people. How can this be right.

If he coming to the house in breach of the non-mol then this should be reported to the Police and they will arrest him.

As I've set out above, your daughter can potentially stop contact if she thinks that dad is disregarding COVID-19 guidance and putting the child at risk.

I'd be grateful if you can confirm that this answers your query and rate me 5* at the top of your page otherwise I'm not credited by the site for helping you.

Customer: replied 1 year ago.
aaron that wasnt the question. This has nothing to do with the non mol, the q was whether he is allowed to live in one place during the week then at his mums during the weekend with the kids for a sleepover

I know and my answer was this: As I've set out above, your daughter can potentially stop contact if she thinks that dad is disregarding COVID-19 guidance and putting the child at risk.

I gave you some additional advice about breach of the non-mol.

As you will know, the Coronavirus guidance prohibits people from moving between houses. If dad is moving between houses with the child and mum is not happy about that then she can consider stopping the contact if she feels that is necessary.

Aaron D and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
thanks that helps.