Applying a Child Contact Order
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Securing a child contact order can be complex, but our experienced family law specialists at Kabir Family Law can guide you through every step of the process. We understand the emotional challenges parents face when seeking contact with their children and have successfully helped countless families achieve positive outcomes through expert legal guidance and tailored advice.
Are you wondering how do I get a child contact order? If so our family law specialists at Kabir family Law can assist you in securing a contact order for your child and provide you with all the information you need.
Article Contents
What is a child contact order?
A contact order is an order made by the court under section 8 Children’s Act 1989 and is also known as a child order. This order effectively allows the non-resident parent to have contact with the child or have the child stay with them for a short period of time.
The child contact order specifies whether contact will be direct (face-to-face meetings, overnight stays, holidays) or indirect (phone calls, video calls, letters, emails). The frequency, duration, and conditions of contact are carefully outlined to ensure the child’s welfare remains the paramount consideration.
Our family law specialists understand that each family situation is unique. Whether you’re seeking supervised contact, unsupervised contact, or specific arrangements for holidays and special occasions, we can assist you in obtaining a contact order that serves your child’s best interests and maintains the vital parent-child relationship.
When can I apply for a child order?
You can apply for a child order under section 8 children’s act when you as parents are unable to agree between yourself as to when you can see the child. Any child order can only apply until the child attains the age of 16 years.
Who can apply for a child order?
If you are a parent, stepparent, grandparent or have parental responsibility over a child then our family law specialists can assist you in applying for a child order.
Types of child contact arrangements
Understanding the different types of contact available is crucial when applying for a child contact order. Our family lawyers can help you determine which arrangement best suits your circumstances:
- Direct Contact: This involves face-to-face time with your child, including day visits, overnight stays, weekend contact, and holiday arrangements. Direct contact can be supervised or unsupervised depending on the court’s assessment of the child’s welfare.
- Indirect Contact: When direct contact isn’t immediately appropriate, indirect contact maintains the parent-child bond through phone calls, video calls, text messages, emails, letters, and card exchanges. This is often used as a stepping stone to re-establish direct contact.
- Supervised Contact: In cases where there are welfare concerns, supervised contact takes place in the presence of a third party, either a family member, friend, or professional contact centre supervisor.
- Progressive Contact: This gradual approach begins with limited, often supervised contact that progressively increases in frequency and duration as trust and stability are established.
Our family law experts have extensive experience in securing all types of contact arrangements and will work tirelessly to achieve the best possible outcome for you and your child.
The process for applying for a child order?
At the outset you can possibly look to arrange a discussion between yourself and the resident parent to try and see whether you can come to an agreement for child contact. Should this not work you can look undertake mediation. This is where a neutral mediator will assist in trying to reach an agreement.
Mediation is also recommended because if all negotiation fails and you are required to apply to the court then you will need to satisfy that you have attempted to mediate and you have undertaken a Mediation Information and Assessment Meeting which is also known as a MIAM.
Should you require assistance in arranging mediation contact us today to arrange this for you to try and resolve your child issues.
Our family specialists can assist you in completing the form C100 to begin the process for a child contact order. Once this form has been completed it will need to be submitted to the family court.
Directions hearing in family court
Once your application is submitted to the family court you are likely to be asked to attend a directions hearing which is also known as the First Hearing Dispute Resolution Appointment (FHDRA). The process for a child order commences with the directions hearing family court.
Prior to the directions hearing in family court all parties including CAFCASS will be notified. CAFCASS will usually arrange for a safeguarding report to be prepared detailing the police and background checks of the parties involved.
CAFCASS will also carry out a telephone interview with both parents to obtain a better understanding of the situation. Our family specialists can help to best prepare you in readiness of the directions hearing in family court.
Parties will usually be expected to arrive an hour earlier than the directions hearing in family court. The matter will usually be heard before a district judge, magistrate or a legal advisor. After the introductions at the directions hearing in family court for a child order both parties will individually meet with the CAFCASS officer and the findings will be placed in the court. If an agreement can be reached then the court has the ability to make a final order detailing the agreement.
If no agreement is reached then a further dispute resolution appointment will be held. The judge will give the directions and commission for a section 7 report to be produced by CAFCASS which the courts will intend to rely on. The report will be produced once all the parties have been interviewed by CAFCASS.
These CAFCASS investigations ensure that the court has essential background information to make informed decisions about your child’s welfare. Our family law specialists understand the CAFCASS process thoroughly and can prepare you for their interviews, ensuring you present your case effectively while demonstrating your commitment to your child’s wellbeing
Our family law experts can assist you from completing your child order application to preparing you for the directions hearing in family court. Please do not hesitate to contact us to arrange a consultation to assess your position.
The importance of tailored legal advice for child contact orders
Securing a child contact order requires expert legal guidance to maximise your chances of success. Every family situation presents unique challenges, and our experienced family lawyers understand the complexities involved in child arrangement proceedings.
Why professional legal advice is essential
- Court procedure expertise: Understanding complex family court procedures, deadlines, and documentation requirements –
- Evidence preparation: Gathering compelling evidence that demonstrates your commitment to your child’s welfare –
- CAFCASS liaison: Effectively engaging with CAFCASS officers and understanding their assessment criteria –
- Strategic case presentation: Presenting your case in the most favourable light while addressing any concerns –
- Negotiation skills: Securing better outcomes through skilled negotiation with the other party’s legal team
- Our proven track record: Our family law specialists have helped countless clients achieve remarkable outcomes in child contact cases. From complex cases involving allegations of domestic abuse to straightforward applications for regular contact, we’ve successfully guided parents through the legal process to maintain meaningful relationships with their children.
We understand that each case requires a tailored approach. Whether you’re a father seeking to establish contact after separation, a mother concerned about supervised contact, or grandparents pursuing contact rights, our legal experts will develop a strategy specifically designed for your circumstances.
Don’t navigate this emotional and complex legal process alone. Our compassionate yet determined approach ensures that your parental rights are protected while prioritising your child’s best interests throughout the proceedings.
Emergency Child Contact Orders: When Time is Critical
When circumstances require immediate intervention, emergency child orders can be obtained through urgent court applications. Our family law specialists understand that certain situations cannot wait for standard court timelines – whether due to concerns about a child being taken abroad without consent, immediate welfare risks, or other urgent circumstances.
Emergency applications may be justified when:
- There’s risk of the child being removed from the jurisdiction
- Immediate welfare concerns require court intervention
- The child’s safety is at immediate risk
- Urgent preservation of contact is necessary
Our emergency response team can prepare and submit urgent applications within 24 hours when circumstances warrant immediate court intervention. Contact us immediately on 0330 094 5880 for emergency assistance.
Child Contact Orders for Different Family Situations
Fathers Seeking Contact: We understand the unique challenges fathers face in securing meaningful contact with their children. Our male and female family lawyers have extensive experience helping fathers establish contact arrangements that work for modern family dynamics.
Grandparents’ Contact Rights: Grandparents play a vital role in children’s lives, and we’ve successfully helped numerous grandparents establish contact orders when family relationships break down. While grandparents typically need court permission first, our experts understand the specific requirements and can guide you through this process.
International Contact Arrangements: When one parent lives abroad, contact arrangements require careful consideration of practical logistics, costs, and the child’s needs. We can help establish indirect contact (video calls, emails) progressing to holiday contact and supervised international visits where appropriate.
— Q&A SECTION —
What is the section 8 childrens act?
Section 8 childrens act is the legislation which covers applications for child residence and child contact. It also provides the law for specific issue orders and prohibited steps order.
Can grandparents apply for a child order?
In a nutshell parents, stepparents, grandparents, guardians and any one with parental responsibility is able to apply for a child order. Our family law experts have successfully assisted grandparents in obtaining child orders, and if you are a grandparent or guardian looking for the same contact our offices today to begin the process.
Can I still get a contact order if I live abroad?
Contact can be both direct and indirect. Indirect contact is an option our specialists can discuss with you should you be living abroad. We can try and assist with regular telephone calls, skype calls, video call, emails and other forms suitable to you.
Can a child contact order be refused by the court?
Family courts may refuse contact orders if they determine contact arrangements aren’t in the child’s best interests, typically due to safeguarding concerns, domestic abuse allegations, or significant welfare risks. However, courts presume contact with both parents benefits children unless evidence suggests otherwise.
What evidence do I need for a child contact order application?
Beyond Form C100 and MIAM certificates, you’ll need birth certificates, existing court orders, accommodation details, work schedules, and character references. Our family law experts help compile evidence packages demonstrating your commitment to your child’s welfare.
How long does it take to get a child contact order in the UK?
Contact orders typically take 6-12 months. First hearing occurs within 4-6 weeks. CAFCASS reports add 12-16 weeks. Emergency applications can be heard within 24-48 hours for urgent situations.
What evidence do I need for a child contact order application?
You need Form C100, MIAM certificate, birth certificate, existing court orders, accommodation details, work schedule, character references, and evidence of your relationship with the child.
What happens if someone breaches a child contact order?
Breaching contact orders constitutes contempt of court. Penalties include fines, unpaid work, compensation orders, or imprisonment up to two years. The court may also vary the order.
How long is a child contact order valid for?
Contact orders remain valid until the child reaches 16. After 16, children can choose their contact arrangements. The court rarely enforces orders beyond age 16.
What is the difference between supervised and unsupervised contact?
Supervised contact requires a third party present during visits. Unsupervised contact allows freedom without oversight, including overnight stays and activities away from designated locations.
Can I stop my ex-partner’s contact with our child?
Contact can only be stopped with strong evidence it’s not in the child’s best interests, such as abuse or significant welfare risks. Courts presume contact benefits children.
What happens at the first hearing for a child contact order?
The First Hearing (FHDRA) focuses on identifying issues and exploring settlement. You’ll meet CAFCASS officers individually. If no agreement, further hearings or reports may be ordered.
Can I take my child abroad with a contact order?
Taking children abroad requires consent from all with parental responsibility or court permission. Without consent, it could constitute child abduction under UK law.
How does domestic abuse affect child contact orders?
Domestic abuse allegations trigger safeguarding assessments and may result in supervised contact, indirect contact only, or no contact in severe cases after fact-finding hearings.
What are the grounds for emergency child contact orders?
Emergency applications are justified for immediate welfare risks, unlawful removal threats, risk of taking child abroad without consent, or urgent need to preserve contact.
Can children refuse contact with a parent?
Children’s wishes are considered but don’t automatically determine arrangements. Courts distinguish between genuine preferences and undue influence, especially considering the child’s age and maturity.
What is parental alienation in child contact cases?
Parental alienation involves one parent undermining the child’s relationship with the other through manipulation. Courts take this seriously and may order psychological assessments or residence transfer.
How much contact should a non-resident parent have?
There’s no standard formula. Arrangements depend on the child’s age, existing relationship, practical considerations, and individual family circumstances. Courts focus on meaningful contact.
Can child contact orders be made permanently?
Contact orders typically last until age 16 (contact) or 18 (residence). They can be varied if circumstances change significantly or discharged if no longer appropriate.
What support is available for fathers seeking contact orders?
Support includes specialist legal advice, fathers’ rights organizations, mediation services, contact centres, and counselling. Courts don’t favour mothers over fathers in contact decisions.
How does a child’s age affect contact arrangements?
Younger children need frequent shorter visits. School-age children’s arrangements consider education. Teenagers’ views carry more weight and they may choose their own arrangements.
What happens if my ex takes the children abroad without a contact order?
This constitutes child abduction. Contact police immediately, apply for emergency prohibited steps order, and alert port authorities. We can secure urgent court orders within hours.
Can I get legal aid for a child contact order?
Legal aid is restricted to domestic abuse cases with supporting evidence like police reports or protective orders issued within 24 months. We can consider payment plans otherwise.
How do I enforce a contact order when my ex keeps breaking it?
Document every breach and apply for enforcement orders. Persistent breaches can result in fines, imprisonment, or residence transfer. We specialize in enforcement proceedings.
What is parental alienation and how does it affect contact orders?
Systematic undermining of the child’s relationship with the other parent. Signs include unreasonable hatred or refusing contact. Courts may order therapy or residence changes.
Can I modify a contact order if circumstances change?
Yes, orders can be varied for significant changes affecting child welfare like relocation or schooling. All parties must agree or court application required.
What support is available during contact order proceedings?
Support includes mediation vouchers (£500), parenting programmes, contact centres, counselling services, and domestic abuse support. We connect families with appropriate services.
Can children choose which parent to live with and how much contact to have?
Children’s wishes are considered but courts balance these against best interests, considering age, maturity, and potential influence from parents in making final decisions.
What happens if domestic violence allegations are made during contact proceedings?
Allegations trigger safeguarding checks and potential fact-finding hearings. Proven violence may result in supervised or no contact. False allegations have serious consequences.
Arrange a consultation with our Child Custody Law Specialists today
For more extensive advice or if you cannot reach an agreement on contact with your child after separation, contact us on 0330 094 5880 to discuss your options. We’ve helped hundreds of separated couples obtain a child order after separation and we’re confident that we can help you. Did you know we also have child custody law experts in York, Manchester, London for you to visit should it be more convenient for you.
If you wish to discuss securing a child contact order then speak to our child custody experts today on 0330 094 5880 or arrange a call-back.