Contact Orders: the Process

As a devoted father, you will want to maintain a close relationship with your children. Hopefully, your relationship will remain amicable with the mother of your children. Unfortunately, this is not always the case and you may find that you have to fight to see your children or alternatively, if the children live with you, then their mother may wish for contact.

There are a number of types of arrangements which can work for different families. The courts can make several orders under the Children Act 1989 in order to facilitate those arrangements where necessary.

The Courts are primarily concerned with the welfare of the child or children above everything else. Under section 8 of the Children Act, the Court can make a contact order.

A contact order specifies how often the parent who does not live with the child should see the child or children and the terms of that contact.

The Process

If you wish to apply for a contact order, the actual process differs according to your locality. You will need to make an application to either the County Court, the High Court or the Family Proceedings Court. A copy of the application is then served on the Respondent, who is commonly the other parent.

CAFCASS Officer

You will then be required to attend a hearing. At that hearing or shortly before, both parents are usually invited to attend a relatively brief meeting with a Children and Families Court Advisory Service officer (also known as a CAFCASS Officer). A CAFCASS Officer is someone who is experienced in dealing with conflicts regarding children. At this meeting, the Officer listens to both parties and sees if there are any areas of agreement.

First Hearing

During the first hearing, the Judge (usually a District Judge) will ask the CAFCASS Officer for advice (if they are present) and will identify the areas of agreement and also any areas in dispute such as visitation rights etc. This hearing is usually short in length and in most instances the parents may not even speak with the Judge.

Where no agreement is reached, the Judge may ask for a detailed report to be drafted by the CAFCASS Officer. This can take anything from three to four months and therefore, you may wish to request that the Court grants some contact in the interim period.

What Will the Report Detail?

The CAFCASS Officer will interview and possibly observe a number of things before reporting back to the Court. They will want to speak with both parents, possibly the school and may want to speak with family members. They may also wish to observe contact between parent and child in some cases. Depending on the age of the child, an Officer will speak to them alone to understand their wishes and feelings. The report is not “secret” and both parents get to see a copy before it goes in front of the Judge.

After this stage, there will be a further short hearing. A court will not always make an order. Most cases end at this point once both parents have reviewed the recommendations of the CAFCASS Officer and they decide to try the recommended contact arrangements.

What Are the Considerations?

When reviewing applications, the Court, Judge and CAFCASS Officer will take a number of factors into consideration with regards to the child or children’s welfare. These are:

• What is deemed to be best for the child and the feelings and wishes of the child. This is considered according to the child's age and understanding;
• How capable the parents (and any other relevant people) are of meeting the needs of the child or children;
• Any harm that the child is at risk of suffering or has suffered;
• The likely affect of a change of circumstances on the child;
• The age, background, personality, sex and any other characteristics that the Court believes to be relevant; and
• The child's emotional, physical and educational needs.

Final Hearing

Only if a parent does not agree to the recommendations, will a final hearing take place. In these circumstances, the Court hears evidence from the parents and any witnesses as necessary, before finally making a Contact Order.

It is important to remember that although this process may seem rather arduous and lengthy, the end result will be worth it. The most important consideration for the Court is what is best for the child. If you are a good father and want the best for your child or children, then you will be able to have contact with them in the end. Good luck and if you are fortunate enough to get the contact you need, check out our feature on coping between contact periods.

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