With so many storms and unexpected cold snaps, winter can be a minefield for parents trying to negotiate arrangements for shared children. So, what are your contact rights in cold weather emergencies?
It can be difficult enough to agree arrangements for the children when parents are separated or divorced, without the added complications of the great British climate. The general consensus when the weather gets in the way of plans, is that even if there is a child arrangements order in place, allowances can and will be made for bad weather and unforeseen circumstances. So, while it might be disappointing for all concerned if your children can’t spend time with their other parent, grandparents or other family members, it’s wise to be a little flexible.
Perhaps the parent who missed out due to bad weather at the weekend could have longer with the children the following weekend, or see them two weekends in a row, for example? Rather than create conflict, have a contingency plan ready so that nobody feels as if they have missed out. When arrangements for the children aren’t legally set out in a child arrangements order, but have been agreed between the parents, any changes to these arrangements are up to the parents. There’s only a problem if ‘bad weather’ starts to become an excuse and, for example, the parent that normally lives with the children refuses to let them see their other parent for reasons that the other parent thinks are unreasonable. In such cases, you might consider getting legal advice from our family law experts at Gillbanks Family Law.
What if cold weather emergencies stop me returning the children?
The same rules apply if the children have been staying with one parent as agreed, but weather conditions make it hard for them to travel and return the children at the usual time. Make sure, if you’re in this situation, that you keep everyone up to date about any change of arrangements and the reasons for them. Contact their other parent straight away and let them know you’ll be late or keeping the children overnight/until you can safely travel. This avoids any panic or misunderstandings when the children aren’t returned on time.
What does the law say about deviating from a child arrangements order?
Legally, the courts will consider what is ‘reasonable’ in any arrangements for children, and that includes whether it’s reasonable to have to return to the court for every slight change that might take place. This means, that if you and the other parent are happy about any changes to the arrangements, even temporarily to cover cold weather emergencies, there is no need to worry about the occasional missed date or rearranged visit. Departing from the terms of the order isn’t a breach if all parties are aware and agree to do so.
If one or both parents is routinely changing arrangements for the children with no reason, and without agreement, this might be something to consult Gillbanks Family Law experts about.
When schools close in cold weather emergencies
If you have a child or children of school age, you’ll need to be aware of school closures and fitting the extra childcare around any work commitments. Usually, this should be manageable with understanding employers, but what should you do if the school closes during the working day and you can’t pick them up?
In these circumstances, it’s worth making the school aware of their other parent as a named emergency contact, and letting the school know that they will be collecting your child from school as you’re at work. Most schools will want details of more than one named contact, and if weather conditions get worse during school hours and children are being sent home, you’ll need someone else you can trust to have authority to collect the children on your behalf. Make sure that the school has the other parent’s most up to date contact details, just in case of this type of cold weather emergency.