contact order family court

Contact Order Family Court: Complete Application & Enforcement Guide

A contact order (now part of a Child Arrangements Order) sets out when and how a non-resident parent spends time with their children. If contact is being denied or obstructed, the court can make an order to enforce it. This guide covers everything you need to know about applying for and enforcing contact orders in England and Wales.

Types of Contact

Contact can be direct (face-to-face visits), indirect (letters, phone calls, video calls), supervised (at a contact centre with a supervisor present), or unsupervised. The type of contact ordered depends on the child's welfare and any safeguarding concerns. The court aims to promote meaningful contact with both parents. Supervised contact is typically used when there are concerns about the child's safety or when a relationship needs to be rebuilt after a period of no contact. Indirect contact may be appropriate in cases of high conflict or where direct contact poses a risk.

When to Apply for a Contact Order

Apply if the other parent is refusing or obstructing contact, if informal arrangements have broken down, or if you need a formal order to enforce agreed arrangements. Always attempt mediation first (MIAM requirement). Contact orders are common in family court proceedings. If you have been denied contact with your child, do not delay in seeking legal advice. The longer contact is denied, the more difficult it may be to rebuild the relationship. A contact order provides a legal framework that both parents must follow.

The Application Process

File a C100 form at your local Family Court after attending a MIAM. The court will list a FHDRA within 4-6 weeks. CAFCASS will prepare a safeguarding letter. If agreement is not reached at the FHDRA, the case proceeds to further hearings. The full process typically takes 6-12 months. At the FHDRA, the judge will explore whether agreement can be reached. If not, the case will be listed for a Dispute Resolution Appointment (DRA) and potentially a final hearing. You should prepare a position statement setting out your proposals for contact and why they are in the child's best interests.

Enforcing Contact

If the resident parent breaches a contact order, apply using a C79 enforcement application. The court can impose unpaid work, fines, or in serious cases, transfer residence to the other parent. Enforcement is taken seriously by the courts. Before applying to enforce, consider whether informal negotiation or mediation might resolve the issue. However, if the breach is serious or repeated, enforcement action may be necessary. The court will consider the circumstances of the breach and whether enforcement is in the child's best interests.

Rebuilding Relationships After Denial of Contact

If contact has been denied for a long period, the court may order supervised contact or indirect contact initially to allow the relationship to be rebuilt gradually. This is particularly important for young children who may have forgotten the non-resident parent. A contact centre can provide a safe, neutral environment for contact to resume. The court will consider the child's wishes and feelings, the strength of the relationship before contact was denied, and any safeguarding concerns. Rebuilding a relationship takes time and patience, but with the right support, most relationships can be restored.

Frequently Asked Questions

How long does it take to get a contact order?

The first hearing (FHDRA) is usually listed within 4-6 weeks. If contested, the full process can take 6-12 months.

What is a contact centre?

A contact centre is a neutral venue where supervised or supported contact takes place. They are used when there are safeguarding concerns or to rebuild relationships after a period of no contact.

Can contact be refused if there is domestic abuse?

The court will consider any domestic abuse allegations carefully. Contact may be supervised or restricted, but the presumption is that contact with both parents is in the child's best interests unless there is a risk of harm.

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