Monday, 18 January 2021
This is current guidance from the Lord President of the Court of Session about the Coronavirus Crisis and Guidance on Compliance with Court Orders Relating to Parental Responsibilities and Rights.
Contact agreements and orders are expected to operate notwithstanding lockdown and constitute an essential purpose for being outwith your home, irrespective of the covid 19 tier in place in the area. If parties cannot agree a variation to any existing arrangement or order, then courts continue to operate and either party can ask the court to determine the matter. Where there is a dispute, and one party unilaterally varies the arrangement to one that they consider to be safe in the circumstances, they should bear in mind that, if challenged, the court will consider whether each party has acted reasonably, fairly and in line with the Government guidance in place at the time.
For the full guidance click here
