Lord President issues guidance on family orders compliance
Guidance for parents and carers on compliance with court orders relating to parental responsibilities and rights during the coronavirus crisis has been issued in the name of the Lord President.
It recognises that the circumstances of each child and family will differ, but expects all those caring for children to act "sensibly, safely, and in line with Scottish Government and UK Government guidance".
That guidance makes clear that in general it is no longer permitted for a person, including a child, to be outside their home for any purpose other than essential shopping, daily exercise, medical need or attending essential work.
Specific UK Government guidance for families establishes an exception for separated families. It explains that parents in separate homes can continue to take turns to look after their children, though this does not mean that children must be moved between homes. If there is a court order or formal agreement in place, parents should try to stick to the arrangements set out unless it is agreed to vary these. It would be sensible to record any such agreement in, say, an email or text. If you have a more informal arrangement, they should discuss how best to approach the situation.
Where parents or carers differ in their views over safety, "communication between all parties is key to managing the situation and agreeing a sensible, practical solution". Where one parent is sufficiently concerned that complying with the court order would be against current Government advice, "that parent may exercise their parental responsibility and vary the arrangement to one that they consider to be safe. If, after the event, the actions of a parent acting on their own in this way are questioned by the other parent in court, the court is likely to look to see whether each parent acted reasonably and sensibly in the light of the Government guidance in place at that time, together with any specific evidence relating to the child or family".
In any case where a child does not get to spend time with the other parent as set down in the court order, the courts will expect alternative arrangements to be made to establish and maintain regular contact between the child and the other parent safely, for example remotely – by Face-Time, WhatsApp, Skype, Zoom or other video connection or, if that is not possible, by telephone.
Non-urgent child welfare hearings are not proceeding in court. In urgent cases, the court will consider an application for one to be fixed, but will have to be satisfied that it is essential. For hearings that do proceed, the coronavirus crisis will automatically be accepted as appropriate cause shown for not appearing and parties are not required to attend child welfare hearings in person at this time.