Contact Orders and Visitation Laws
A Contact Order requires a person a child lives with to allow the child to visit or stay with the person named in the Order or for them to have contact by some other means, for example cards, telephone conversations or letters. The Order should normally define the days and times that this should happen, and may also need to state the location and how the child is to be transported there and back.
It is important to remember that contact is for the benefit of the child, so cannot be forced upon them.
There is a presumption that contact should be offered to parents, unless there are exceptional reasons to the contrary, but the Court's main concern is the welfare and best interests of the child. If there is a conflict between the rights and interests of a parent and a child, the child's interests will prevail. This does not mean that just because the parent the child lives with reports that the child is saying that they do not want contact that the Court will accept this on face value.
How does the Court decide what is best for the child?
The Court will apply the when deciding how to deal with issue relating to children. The Court is likely to require assistance in gathering the information required and they may obtain a report from a Probation officer, Local Authority Social worker, or, as is more usually the case, a member of CAFCASS (the Children and Family Courts' Advisory and Support Service). The Court is also likely to be of the opinion that any delay in determining matters relating to the Child's welfare is likely to be prejudicial to the Child, and therefore they will draw up a timetable for the proceedings.
Who can apply for a Contact Order?
There are two categories of applicant, those able to apply as of right and those who require the leave of the Court to apply. A parent or guardian of the child (even if they are an unmarried father without parental responsibility), or anyone that the child has lived with for three of the past five years, will be able to apply as of right. If not, it will be necessary to seek leave (permission) of the Court before applying.
How do I apply?
Before applying to the Court you should consider whether they may be more effective ways of achieving your aims. Further guidance is given in our " alternatives to Court" page.
If legal proceedings are necessary then you should consult our Court Proceedings information.
The Application
An Application for contact can be issued in the Family Proceedings Court, County Court or High Court.
When do I need a Solicitor?
It is always worth speaking to a lawyer to discuss your options and the legal position before issuing any application. It is also sensible to write requesting what you want first.
The golden rule is that if you feel that you are getting in over your head then you should seek legal advice. The system is supposed to be designed so that ordinary people can deal with matters without lawyers. The Court forms are relatively straightforward to complete and, if necessary, Court staff can provide assistance on completing these. It is most likely that you will need further help either if the other side is legally represented or it looks as though you are heading to a final hearing.
Please remember, we are always here if you need us but to be able to help you properly we need warning and information.
We are here to help 24 hours a day 365 days a year. Either e-mail us anytime, call (01296) 662770 (Nick) or (01525) 373322 (Richard) during the normal working day or (07973) 424178 in an emergency.
