As the Covid-19 pandemic rages outside, the Government have issued a strong warning to everyone that your home is the safest place to be. But for some, home is not a haven from violence and abuse.  Self-isolation and stay at home restrictions will force many victims of abuse and their children to effectively be shut in with their abusers.

Domestic abuse is not just about physical violence, controlling or coercive behaviour. Many victims of  domestic violence can be subjected to mental, emotional and financial abuse by their partners that can have devastating and often long term affects upon them and their children. No one should experience or witness violence, abuse or harassment in their own homes.

What help is available?

If you are in imminent danger you should call 999 immediately. As domestic violence has been criminalised the police will be able to take the appropriate measures to protect your safety and may prosecute the abuser(s).

If the police are unable to assist, there are some civil remedies by way of injunctive orders that may provide you with the protection you need.

1. Non-Molestation Order

A non-molestation order provides temporary protection from violence, threats of violence, abusive behaviour, intimidation and harassment including in the form of text messages, emails and telephone calls. It can also be extended to include refraining from damage to property, protecting children and can restrict a person from coming within certain proximity of the family home. You can apply for such an order if the abuser is someone you are in a relationship with or living with or a family member.

If you and your partner live within the same house, the Court also has the power to prevent the abusive party from entering certain rooms or areas of the house. This can be used as an alternative to an occupation order and may be an option when self-isolation is necessary.

A non-molestation order carries an automatic power of arrest meaning that if the abuser continues the behaviour they will be immediately arrested by the police and brought before the civil court to face sanctions including possible imprisonment or fine for being in contempt of court. It is also a criminal offence and could lead to up to five years in prison.

2. Occupation Order

An occupation order can be obtained alongside a non-molestation order or as a stand-alone order. If granted, it can force the abusive party to leave the family home temporarily, even if they own the property, until the safety of the victim is secured, whilst continuing to make payments towards bills. It too can restrict that party from coming within a fixed perimeter of the property or other address.

Occupation orders where one party is ousted from their property are considered to be draconian and so the Court will look very closely at whether such stringent measures are necessary. When considering whether to grant an occupation order, the factors the Court will take into account include whether you and any children are at risk of suffering significant harm from the other party if an order is not made as well as the housing needs and financial resources of the parties.

Occupation orders can also carry an automatic power of arrest.

Get in touch

If you are self-isolating or staying at home, in an abusive relationship and are worried about your own and/or your children’s safety please contact us at Vyman Solicitors. We have a specialist family team who have extensive experience in dealing with domestic violence matters and are available to give advice and assistance in strict confidence on any issues or concerns that you may have. We have facilities in place to communicate with you remotely during the pandemic. In very serious cases it is possible to obtain emergency orders from the Court within 24 hours despite the current social distancing restrictions being in place.

Do not suffer in silence. If you need help or advice or wish to arrange a remote meeting with a member of the family team, please contact us on 020 8429 1010 or email us at familyenquiries@vyman.co.uk.

A child’s health and wellbeing is undoubtedly the paramount concern for any parent during these unprecedented times. One key dilemma faced by many parents with a Child Arrangements Order (CAO) in place is how to comply with the provisions without risking their child’s or their own safety and what happens if the terms of the Order are not being followed.

Please see our Q&As below

Can my child visit me even though there is a lockdown?

In their guidance released on 23 March 2020 the Government confirmed that the current lockdown does not necessarily prevent moving a child from one parent’s household to the other. Therefore, direct contact can and should continue in accordance with any CAO provided, of course, that neither parent, the children or anyone living in the household have symptoms or are self-isolating.

What should I do if I agree that the CAO should be changed temporarily?

If both parents agree that complying with the CAO is currently not safe, they should discuss and agree alternative arrangements to enable contact to temporarily take place indirectly via facilities such as video calling, Skype, Whats App, Face Time or Zoom. It is advisable to ensure that any such agreement is recorded in writing for clarity and to avoid any later dispute.

What if one parent will not agree to comply with the terms of the order?

One parent may believe that it is safe for contact to continue but the other may not. Here, there should be a sensible assessment of the circumstances including the child’s present health, the risk of infection and the presence of any recognised vulnerable individuals in one household or the other. Ultimately, it will be a decision for the parents to make but they should communicate with each other about their concerns and what they think might be a good practical solution.

If the parents cannot jointly agree to temporarily change the terms of the existing order, for example, if one parent feels that contact continuing will be against the current Public Health England guidelines, then that parent may exercise their parental responsibility to change the terms of the order but the Court will, once the current restrictions have been lifted, assess whether that parent acted reasonably if the other believes that they did not.

If I cannot see my children what are my alternatives?

The Family Court has emphasised that where direct contact cannot continue they will expect alternative arrangements to be made to establish and maintain regular contact between the child and the other parent within the Stay at Home Rules such as via remote facilities as described above and, if that is not possible, then by telephone. The fundamental objective of any CAO should not be affected in such circumstances, only its implementation.

The guidance reminds parents that they have responsibility for their children and not the Court.

What can you do if the other parent is using Covid 19 as an excuse to prevent or hinder contact?

One parent may feel that the other is using the current pandemic as an excuse to hinder contact. The Courts recognise these concerns as genuine and if you believe that this is happening, you have the option of raising this at your next hearing or immediately applying to enforce the order. The Court will consider whether the other parent acted sensibly and reasonably in light of the Government guidance and the evidence specific to your family.

Lockdown does not mean Lockout

Our specialist Family Team at Vyman Solicitors understand that it is very important for parents to maintain and build their relationships with their children particularly in these stressful times. Understandably, parents will wish to avoid alienation due to the current pandemic.

We are happy to discuss any concerns that you may have about existing contact arrangements and provide guidance on what steps you should take to ensure that this continues without interruption.

We can also assist in organising alternative contact arrangements or with drafting agreements temporarily varying the terms of an order.

We are here to guide you so you can try to ensure that even in these exceptional circumstances your relationship with your children is not compromised.

A lockdown does not have to mean being locked out of your children’s lives.

Divorce is a sad and difficult time for most couples so finding ways to make the experience more palatable is always welcome. The aim, for the majority of people, will be to achieve an amicable, fair and cost effective outcome with minimum stress and anxiety.

The family team at Vyman are specialists with over 20 years of experience in this area of law and have acted for a very broad range of clientele. Here are our top tips to help achieve a more successful outcome on divorce:

1. PLAN AHEAD

Be financially prepared; divorce is not about the short term. Plan for your future needs, possibly as a single parent with a significantly reduced income. Do your research and consider a budget. Will you have enough?

2. AVOID IMPULSIVE REACTIONS

Talk to your partner; if possible be open and honest. This reduces tension and anxiety, helps to minimise your costs and can keep things amicable.

3. DON’T INVOLVE THE CHILDREN

Many couples, sometimes unintentionally, use their children to get their way in a marital dispute. They forget that separation can often be more emotionally traumatic for the children than it is for the parents. Avoid talking about these issues in the earshot of your children, it’s best done when they are not around. 4.

4. DON’T FEEL PRESSURED

We frequently hear about one party being willing to agree terms of settlement that are unfavourable to them to avoid a bitter or acrimonious dispute. Don’t feel pushed into accepting an offer from your partner if you feel it is unreasonable. If the maths do not add up it probably is unfair. Consider what the consequences will be for you in the long term.

5. GET INVOLVED

Understand the legal process. Obtaining a court order confirming settlement terms provides certainty and avoids future claims. Speak to a specialist family lawyer; often paying for advice and assistance where needed can result in a smoother and more efficient outcome where you feel supported and stronger.

Zharna Sutaria heads the Family Team at Vyman Solicitors. She is a Law Society accredited specialist and a member of Resolution meaning her focus is always on achieving an amicable settlement.

Contact her on 020 8429 1010 or Zharna.sutaria@vyman.co.uk if you would like to discuss how she may be able to assist you.