The Council of Europe has rules to make parental contact for children of estranged couples easier. But how workable are they?

Did I tell you I'm going to work in Italy? Wow! Pasta, olives and limoncello on demand! Of course, you can get them in Sainsbury's too, but ...

But my children aren't coming with me. Oh. They'll be able to visit you, won't they? Have you checked how contact arrangements across Europe work?

The Child Abduction Unit in the Office of the Official Solicitor is responsible for operating the registration of international contact orders. Contact orders work on the principle of mutual recognition and enforcement as agreed under the 1980 Luxembourg Convention: this means a court order made in one country can be recognised as binding in another if both are signatories to the relevant conventions. A new good practice child contact convention has been drafted and signed so far by 12 states, including Italy - but not as yet the UK. Instead, the Government is asking people what they think about it.

What does it say? It starts with the principle that children and parents have the right to obtain and maintain regular contact with each other.

That contact may be restricted or refused where necessary in the best interests of the child. Contact can include communication by phone, letters, email, and so on. Other family members can also maintain contact with the child, subject to best interests. And the child has the right to receive information and to be consulted.

Who counts as family? This depends on the definition of family in domestic law, but can include blood relatives, those related by adoption, or birth parents. Other circumstances may arise from a de facto relationship such as that of a foster carer, step-parent or a parent's long-term partner.

What if there's a disagreement between the parties involved? Article 7 of the new convention stipulates that the judicial authorities shall take all appropriate measures to settle disputes by reminding both parents how important contact is for their child; encouraging them where possible to reach an amicable agreement using conflict-resolution means such as family mediation; and ensuring all relevant information is available to the parents to help them make the best decision. Parents are asked to make sure contact agreements are in writing. The contracting states are responsible for ensuring contact orders are enforced.

It must be very hard to retrieve a child outside the UK. Each State signatory to this convention must provide at least three categories of safeguards and guarantees available in their own country. This could include measures such as supervision of contact or the imposition of a fine for non-compliance with the contact order, a financial guarantee or the surrender of a passport to prevent the non-return of a child. Safeguards must be in writing and form part of the contact order or agreement. The convention requires each authority to co-operate when dealing with trans-frontier contact. In particular, the central authorities should assist children, parents and other family members to bring proceedings if the contact order is breached.

If a child is not returned, Article 16 places a duty upon the authorities to ensure the child's immediate return upon request. Any decision on the return of the child is to be made within six weeks of the date of an application for return.

FACT BOX

- In child contact arrangements, a child is defined as being under 18

- When deciding child contact agreements, a child's best interests should take into account cases involving domestic violence, risk of abuse, risk of abduction of the child, or contact with a parent who has not seen the child for a long time

- The Consultation Paper on the Council of Europe Convention on Contact Concerning Children is available at www.dca.gov.uk/consult/contconveur/contactconv.htm

- Responses are due by 31 October 2004.