How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask marcusmalin Your Own Question
marcusmalin
marcusmalin,
Category: Law
Satisfied Customers: 2028
66642005
Type Your Law Question Here...
marcusmalin is online now

My two daughters are aged 11 and 10. I have a court order in

This answer was rated:

Good Morning, My two daughters are aged 11 and 10. I have a court order in place stating they can stay overnight for 6-9 nights per calendar month and half of each school holiday. The government have stated that limited travel between separated parents for children under 18 where there is a court order in place is permitted. My ex wife has allowed me to meet my daughters in the park or speak to them on the phone but has said until the Covid-19 lockdown has finished they can not stay over. We do not depend on each other for childcare so we can go to work. With the court order in place is this legal?
JA: What steps have been taken? Have any papers been filed in family court?
Customer: The court order is already live. It has been for several years. I stuck to the order religiously in order to maintain a healthy relationship with my daughters. I have told my ex wife the government have authorised visits between houses and I wish the twinge monthly visits to continue.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does she live in?
Customer: The order was issued at Kingston Family Court in Surrey
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My view is with the government advice is my ex wife going against the court order. She has recently had her boyfriends 73 year old mother move in with them due to the pandemic so I don’t know if her actions are connected to that.

Hello, my name is Marcus.

Below is the most recent advice from the most senior family law judge.

https://www.judiciary.uk/announcements/coronavirus-crisis-guidance-on-compliance-with-family-court-child-arrangement-orders/

Firstly as you say the government guidelines allow for travel.

Contact should still take place unless there is a good reason why not.

That comes down to your circumstances.

If you are at home adhering to the government guidelines then you should have contact as normal.

If however you are still working and coming into contact with others then the court maybe understanding of limited contact in the interim.

You can enforce the order but my understanding is that enforcement applications are not being considered urgent - strangely enough - by some courts.

What are your circumstances?

Thank you.

 

Customer: replied 12 days ago.
I’m a key worker (Police) and currently working full time.

Hello,

Firstly you are all doing a wonderful job but that maybe to your detriment.

If you were before the court they may have understand mother's approach in limiting contact.

As you are on the front line you are at a greater risk on contracting the virus and thus passing it on.

The guidance infers this in that if a parent has a concern they can act in such a way in what they believe is in the children's best interest.

If you believe you are no risk to the children and mother does not change her stance as I say you can enforce the order by using a C79 by emailing a copy to the court with you phone number so they can call you to pay the court fee.

https://www.gov.uk/government/publications/form-c79-application-related-to-enforcement-of-a-child-arrangement-order

The alternative is just to discuss with mother to try and ease any fears.

Thank you.

 

marcusmalin and other Law Specialists are ready to help you
Customer: replied 12 days ago.
Thank you