Home > Legal > Contact Orders: the Process

Contact Orders: the Process

Author: Elizabeth Baron BA/BSc, PGDipBVC - Updated: 3 February 2012 |
 
Contact Order Contact Parents Child

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.

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Comments...
It would be really useful to see a clear step by step guide to applying for a contact order. Which forms do you fill in? How much does it cost? Do I need a MIAM? Do I need an FM1 form? Is a solicitor really worth the expense? How long does it take?
Barry - 8 February 2012 @ 4:30 PM
I have had all contact stopped with my children i cant even talk them by telephone.My eldest son wants nothing to do with me anymore but cannot explain to me why he feels this way.However his mother manipulates and tells him what to say by promising him money and toys as way of bribes.He is 9 years old and can make his owhn decisions but my 6 yr old son harry copies what his brother does, but my 3 year old daughgter freya is not old enough.I love them and care for their needs when they are with me and all 3 children are treated the same despite ethan being mny adopted son.whatever he decides i would never force him to see me and i will make this clear to the courts.
harrylou06 - 8 February 2012 @ 2:22 PM
Your article dealing with contact orders may give the information on how to apply for contact with your children, however, what it fails to deal with is the actual reality of thier application. It is the truth that a judge can make as may contact orders as he likes, but they very rarely enforce them when mum refuses to allow the contact to go ahead. Contact orders are not worth the paper they are written on! Ken Clarke was recently interviewed on the world at 1 on radio 4, he was told of an actual case where a good father had spent a fortune on trying to get his contact orders enforced. This father attended hearing after endless hearing presided over by the same judge who made the contact orders. Eventually this judge decided to ignore the contact orders entirely and made a final order that the father was not to see his child at all. You may ask what reasons did the judge give for such a heartless decision, I will tell you why. The Judge said that it was not in the childs interests to be "shunted about" (as he put it) from home to home and that it would unsettle the mother to much, and also if the child witnessed the mother being up set, then that was not in the childs interests emotionally. We all know the old chestnut used at courts and by the judges "The welfare and interests of the child are paramount"(er yes!) in reality this means that if mum is upset that contact takes place she can claim the chestnut as her own and use it broadly, but unfairly, and then claim the principle as though it was on behalf of the child. Once the mother is given residency of the child she will claim that to allow contact will unsettle the childs home life to much, and you know what, most judges go along with them! Now to deal with the issue of Cafcass, that you mention as "experinced" (sorry I laughed when I read that). My experience with them has shown that they are entirely biased in favour of the mother and 99% of them are women, this puts the father at a great disadvantage. You may think that it really doesn't matter what gender they are, but women being women it most certainly does! To make the father go away and to tire him out they will manufacture evidence on a grand scale to suggest that father should be made to jump through as many hoops as they can put before him. When the father becomes understandebly angry (after many years of this) they can then suggest that he is a violent man and has a personality disorder. They will then tell the judge that contact needs to be supervised and that dad needs to pay £75 for 2 hours per month. All conversation with the child will be recorded and anything that can be misapplied by the cafcass officer, as negative, will be altered to mean something else entirely. After being told that he has no right to know of his childs education or any medical records, he eventually realises that his role as father is not really needed anymore and he was just really a sperm doner. He will then be told that he can only write to his
onlylexus - 7 February 2012 @ 11:42 PM
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