For separated or divorced parents having to share contact with their child or children, disputes can often arise regarding how much contact time each parent gets with the child and what form this takes – whether it be spending a day with the non-resident parent or perhaps staying over night.
Where parents can agree about contact and living arrangements following divorce or separation and where both parents keep to these arrangements, there may be no need to go through legal proceedings. However, it is advised that parents set out what is agreed in writing so both parties are clear as to what their responsibilities and commitments are towards the child and each other.
If parents are unable to agree on how to arrange contact with children, it is advised they seek legal advice from a solicitor who can negotiate with the other party on their behalf. If an agreement is still not reached, under the Children Act 1989, either parent can make an application to court for a Contact Order. This Court Order will stipulate the arrangements to be followed by both parents and will allow for sanctions to be imposed on either of the parents if they do not adhere to it.
In deciding what living and contact arrangements to impose on the child’s parents a Judge will consider what is in the child’s best interest. In the majority of cases a Judge will consider contact with both parents to be beneficial to the child unless one of the parents poses a risk to the child’s welfare. In making their decision a judge will asses:
Contact between a non-resident parent and a child can take many forms including direct contact (involving the parent visiting the child), indirect contact (involving regularly speaking over the phone, letters or e-mails) or staying over night with the non-resident parent. What a Judge considers to be the most appropriate form and length of contact will differ in each case. Any Contact Order made by a judge will usually last until the child is aged 16.
Parents can dispute a Contact Order once it is made if they believe the contact granted is a potential risk to the child; for instance, if a Judge has granted unsupervised contact to a parent with a history of violence or alcohol abuse. In such cases legal advice can be sought from a Family Law solicitor and a County Court application can be made by the resident parent to change or vary the Contact Order.
As with any matter involving children, it is recommended advice is sought from a family solicitor at an early stage to ensure you are aware of your rights as a parent and what options you have available to you.
Holmes & Hills Solicitors has a team of specialist Family Law lawyers in Braintree, Sudbury, Halstead, Tiptree and Coggeshall.. Our team of family solicitors are specialists in divorce and separation, as well as giving advice on children matters, including contact, residence and maintenance.
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