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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 6849
Experience:  Barrister at law
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I have a question - if i am a divorced parent travelling

Customer Question

Hi - i have a question - if i am a divorced parent travelling outside the UK without a child part of shared custody arrangement to a country in which i need to quarantine on return, can the other parent legally prevent the child travelling to my house on return?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: divorce papers filed in court yes
JA: Have you talked to a lawyer about this yet?
Customer: no
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 5 days ago.
Category: Family Law
Customer: replied 5 days ago.
Sorry I should say, i am from Northern Ireland and not England in case that changes things
Expert:  plclegal replied 5 days ago.

Hello, my name is*****'m a barrister and I’ve been asked to look at this for you, thank you for your patience.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

I will look over this and come back to you shortly with a response.

Expert:  plclegal replied 5 days ago.

There is no definitive legal stance on this issue yet, as far as I am aware, but logic says that if you are quarantining then you should not come into contact with your child throughout this period as they would risk coming into contact with the virus if you are carrying it (even asymptomatically) and therefore spreading it to others.

This means that if there is a court order in place for contact, the other parent would have a reasonable excuse for breaching the order and preventing contact whilst you are in quarantine.

It also means that if there is no court order in place, then you will struggle to persuade a judge that contact has to happen before you have completed the necessary quarantine period, I'm afraid.

I appreciate this was perhaps not what you were hoping to hear.

However, I do hope that I have clarifies the issue for you. Do let me know if there is anything further I can assist with. Kind regards, Peter

Customer: replied 5 days ago.
OK thanks
Expert:  plclegal replied 5 days ago.

If you have further questions you can always come back to me. All best wishes, Peter