Do I have a right to see my children at Christmas?
In a 2014 study of separated parents, it was found that 23% of separated couples spend Christmas Day together, 28% take turns each year, and 15% of parents opt to allow children to spend Christmas Day with their primary caregiver. Furthermore, 14% let the children choose, and 11% of children with separated parents have ‘two Christmas Days’.
What happens at Christmas varies greatly from family to family, and there is no automatic right in law to see your children on Christmas Day. You must come to an agreement with your former partner about the arrangements. The courts are reluctant to intervene in such matters and will only become involved after other methods of resolution have been exhausted.
Are you allowed to travel to meet family at Christmas?
Coronavirus restrictions are updated regularly in line with the threat of the virus. Non-essential travel is generally discouraged, but there is currently no travel ban in place. The only travel restrictions in effect at the moment are between Wales and any other areas of the UK that have high levels of coronavirus.
Can children move between the homes of separated parents?
In England, as of 5th November 2020, you may not leave your home without reasonable excuse. There is a list of permitted reasons in the Health Protection (Coronavirus, Restrictions) (England) (No.4) Regulations 2020. The list includes:
“for the purposes of arrangements for access to, and contact between, parents and a child where the child does not live in the same household as their parents or one of their parents”.
As a result, children are allowed to move between the homes of separated parents, even if they live in different cities or towns.
Do child arrangements orders/ contact orders apply during coronavirus restrictions?
A child arrangements order (contact order in Scotland and NI) is an order which regulates where a child lives and when they must spend time with each of their parents. In light of the difficulty parents may face in adhering to such orders during the coronavirus outbreak, the President of the Family Division of the High Court issued guidance for parents. The guidance sets out that parents are free to decide whether any arrangements set out in a child arrangements order should be temporarily changed. However, parents must act in agreement to do so.
This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek our specific advice.
