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20 April 2020
Categories: Features , Family , Covid-19
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COVID-19: Conflict resolution & separated families

Graeme Fraser stresses the importance of reducing conflict over child arrangements during the lockdown

There are unprecedented pressures on family law professionals, parents, and the Family Court.  However, rather than throwing up our hands in horror, family lawyers have opportunities now to reduce conflict when negotiating child arrangements for separated families.

The COVID-19 Outbreak has created a significant increase in confusion and distress for parents. Family lawyers have received multiple enquiries about where children should stay, amid complaints that neither children are being returned nor being made available to spend time or live with the other parent. The social distancing measures are challenging enough for children who face disruption to their education, health and care arrangements, without the added burden of parental conflict.

On 24 March, Sir Andrew McFarlane, President of the Family Division, clarified that while children under 18 can be moved between their parent’s homes under the government guidance issued alongside the Stay at Home rules, this did not mean children must be moved between homes. If in agreement, parents could

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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