Resolving disputes: contact orders
A contact order provides that a child is to visit or stay with someone, where arrangements for contact with a child are contested.
What does ‘contact’ mean?
A contact order defines what type of contact the person named should have. For example, the order might specify when and where contact should take place.
It might also specify that contact should be only indirect, for example through letters rather than personal contact, or supervised by a third party, although this is generally ordered only where there are concerns about a child’s safety.
Who can apply?
As with residence orders, certain categories of people are entitled to apply for a contact order. This includes legal parents, guardians, spouses or civil partners who have treated the child as a child of the family, and people who have lived with the child for at least three years.
Anyone who does not fall into these categories (for example a grandparent) needs the court’s permission to apply. In deciding whether to give permission, the court considers the applicants’ connection with the child and the risk of their application disrupting and causing harm to the child. It also considers whether the applicant would have a good arguable case if he or she were allowed to apply for a contact order.
What are my chances of getting a contact order?
Every case is unique, and the court considers the child’s welfare as its paramount consideration. As a general rule, contact with natural parents is usually presumed to be in the child’s best interests, while for other applicants, such as grandparents or step-parents, the outcome is less certain.
Contact us for further advice on your particular situation.
