What is contact?
When a relationship breaks down parents must reach an agreement on the arrangements for the children. They will need to decide which parent the child will live with (known as the resident parent) and how often the other parent (the non-resident parent) will see the child. The time that the non-resident parent spends with the child is known as contact. Contact between a parent and a child can be direct, face-to-face contact, or it may be indirect, such as telephone conversations, emails and letters.
How much contact can a parent have?
Contact should be "reasonable". There is no legal definition of what is "reasonable", this will depend on the circumstances of each family. Some parents will have contact every day whereas others will have contact once a year. If there is a court order relating to contact, this will generally state the times that contact should take place.
What can be done if parents cannot agree on contact arrangements?
If parents are unable to agree on arrangements for contact they should be encouraged to discuss the matter with a family mediation service. Mediation helps parents to resolve disputes and reach a compromise. If the matter cannot be solved through mediation, parents can ask solicitors to help them to reach an agreement. If both of these options prove unsuccessful, a parent may decide to apply for a contact order from the court.
What is a contact order?
A contact order is an order made by the court under s.8 Children Act 1989. The order requires that the person with whom the child lives (usually the resident parent, though it may be a relative) allows the child to visit or stay with the person named on the order, or to have indirect contact by other means such as letters. Contact orders continue until a child is 16. A court will only make a contact order for a child over the age of 16 in exceptional circumstances.
Who can make an application to the court for a contact order?
Certain persons are entitled to apply to the court for a contact order. These include:
- A parent
- A guardian
- A person who has a residence order in relation to the child
- A step-parent who has treated the child as a "child of the family"
- A civil partner in relation to whom the child is a "child of the family"
- A person with whom the child has lived for three of the past five years
- Any person who has obtained the consent of all those with parental responsibility
Sometimes other individuals such as siblings and wider family members wish to apply for a contact order. These individuals are not automatically entitled to apply for a contact order and will need to apply to the court for permission (leave) to apply for such an order. A child can also make an application for leave to apply for a contact order if the court is satisfied that the child has sufficient understanding to make such an application.
On what basis does the court make a decision to award a contact order?
When making any decision on contact, the welfare of the child is the court's paramount consideration. The court will also take into consideration the "welfare checklist" contained in s.1 (3) of the Children Act 1989. This requires the court to take into account several factors including: the wishes and feelings of the child; the child's physical, emotional and educational needs; and how capable each parent is of meeting the child's needs. In addition, the court must consider whether making an order is better for the child than making no order at all.
