Understanding Contact Orders in Family Court: A Guide for Parents

What is a contact order?

A contact order is a legal decision made by a family court in England and Wales to determine the arrangements for a child to have contact with a parent or other family members. These orders are now known as child arrangements orders since the Children and Families Act 2014, but the term 'contact order' is still commonly used.

When is a Contact Order Necessary?

A contact order may be necessary when parents cannot agree on the arrangements for a child to see the non-resident parent. It ensures that the child's welfare is prioritized, and both parents have a clear understanding of their rights and responsibilities.

Step-by-Step Guide to Applying for a Contact Order

1. Initial mediation: Before applying for a court order, you must attend a Mediation Information and Assessment Meeting (MIAM) unless exempt. Mediation can help resolve disputes without court intervention.
2. Filing an Application: If mediation fails, you can apply for a contact order by completing the C100 application form. Submit it to your nearest family court, along with the required fee or application for fee exemption.
3. Preparing for Court: Gather evidence and documentation that supports your case, such as text messages, photographs, and witness statements. This will help demonstrate your involvement and relationship with the child.
4. Attending the First Hearing: The court will schedule a First Hearing Dispute Resolution Appointment (FHDRA) to encourage settlement. Be prepared to discuss your case and work towards an agreement.
5. Fact-Finding Hearing: If allegations of harm are made, the court may schedule a fact-finding hearing to investigate the claims. Present your evidence and remain calm and factual.
6. Final Hearing: If no agreement is reached, a final hearing will be held. The court will make a decision based on the child's best interests.

Understanding the Court's Decision

The court's primary concern is the child's welfare. Factors considered include the child's wishes, any risk of harm, and the capability of parents to meet the child's needs. The court aims to ensure that the child maintains a meaningful relationship with both parents.

Enforcing a Contact Order

If a contact order is not being followed, you can apply to the court to enforce it. The court can impose penalties, including fines or community service, on the non-compliant party.

Modifying a Contact Order

Over time, circumstances may change, necessitating a modification of the contact order. You can apply to the court for a variation, providing evidence of the change in circumstances.