Unsupervised Contact: Taking Along Family Members

If you've been granted unsupervised contact by the court, can you take other family members with you? Can the courts or the other party stop you?

Nobody actively wants to be separated from their children, or even have the contact prescribed by another party. Unfortunately, when relations between two separating couples have broken down to such a degree, courts have to intervene to preserve the relationship between child and parent. One method of doing that is through a Contact Order.

What is a Contact Order?

This is when a Family Court prescribes what contact a parent can have with a child of the relationship. The types and ways that a court can impose a contact order are as widely ranging as you can imagine. The aim will be to safeguard the interests of the child, while still preserving the 'presumption of contact' that parents have. From Direct to Indirect contact, Supervised to Unsupervised contact, the courts will make a decision based on the competing interests of each party involved in the proceedings.

Unsupervised Contact

This is exactly what it sounds like. The court that made the order has stipulated that you do not have arrangements in place to have contact supervised by another, such as a Social Worker or neutral party. Or possibly, in a place stipulated by the court, for instance a contact centre. This does not extend to taking the child out of the country on holiday or removing children beyond the contact period. Unsupervised contact orders can still determine whom contact is with, and this is where problems often arise. This is not to say these issues cannot be resolved.

Who Can Come to Contact Sessions?

Simply, those who have not been refused permission to attend by the court are likely to be able to attend contact. Before the Contact Order was granted this would have been discussed between each party. If there was an objection to be raised, it could have been brought to attention in meetings or in negotiations.

Can the Court or Another Party Stop me?

The short answer to this is yes. In some instances, there may be a reason where a court or another party feel that an individual or a number of people will not be allowed contact with a child. Be prepared for this group to be your close or extended family. In order for this to be made official, the contact order will be referred back to the court for alteration or it will be part of the original order, it will be made a condition of contact. This decision will be made in the best interests of the child, as their welfare is the primary consideration of the court. The decision to not allow contact between a child and another individual is no reflection on any party personally, the court has to consider the child's welfare and in some circumstances this will mean curtailing access to individuals.

What if it Goes Wrong?

Contact between you and any child or children should be a wonderful time to ensure you are still a central figure in your child's upbringing. Should the contact order fall into any difficulty, the main consideration should be to resolve the situation amicably or in court. Any party found to be using a child as a vent for frustration will not be taken lightly. If you are in doubt about whether or not a child should be having contact with a particular person, ask! If you feel that the reasons given are unreasonable or unjustified, talk to your family solicitor and see what your options are, the situation may still be able to be sorted amicably, it may require further intervention.

Forging a positive working relationship with an ex-partner is just as important as the relationship with your child. This will help the child feel comfortable and assured if they are not being used as a pawn in what will be a difficult and uncertain time for everyone.

Remember to enjoy contact with your child; this is time for just you and them to ensure that your bond remains strong. Try to resolve any difference of opinion in the most amicable way possible and if you are unsure, ask.