Family breakdown can be one of the most difficult and emotional periods one may experience. Parents often disagree on how much contact the other parent should have, if any. Specialist lawyer Samantha Georgious of Harding Evans Solicitors answers some important questions.

1. What should I do first?
If you cannot agree on when, where or how much contact there should be, you should consider consulting a solicitor to negotiate arrangements. A solicitor could write to your former partner setting out your suggestions for contact or the concerns you have and help reach an agreement. You may be eligible for free legal advice if you are on benefits or a low income and a solicitor could assist in establishing this.

A solicitor could also refer you to mediation, in a bid that you resolve matters on an amicable basis. Mediation is a voluntary process which aims to help parents negotiate with the help of a mediator.

2. What if no agreement can be reached?
If you are not able to reach an agreement about contact through a solicitor or at mediation, you can make an application to the court for a contact order. Even if you do not have parental responsibility for your child you still have the right to apply to the court for a contact order.

3. What is a contact order?
It is an order requiring the resident parent to allow the child to visit or stay with the non resident parent. Visits could take place in a contact centre, in your house or in a public place. Contact could mean overnight visits to include weekends and school holidays as well as telephone calls, cards, text messages, emails or letters.

4. What does the court consider when making a decision about contact?
The court must consider all your child’s circumstances and in particular:
- You child’s wishes and feelings – depending on their age and understanding
- Your child’s physical, emotional and educational needs
- The likely effect on your child of any changes in her or his circumstances
- Your child’s age, sex, background and any characteristics the court think
relevant
- Any harm your child has suffered or is at risk of suffering
- How capable both parents are of meeting your child’s needs
- The range of powers available to the court.

5. What is the procedure?
The first stage is for an application to be made on a standard form giving brief details about the background. The court will then usually fix a brief hearing to decide how the application should move forward.
At court, there may be an opportunity for you and the other parent (if the dispute is between the child’s parents) to discuss the problem with a Court Welfare Officer (known as a CAFCASS officer).

If you cannot reach an agreement the judge will decide what evidence she or he needs to make a decision about contact and make directions. This could include both you and your ex-partner writing statements setting out your views on contact. The courts may also order a CAFCASS officer to prepare a report and make a recommendation about contact. The CAFCASS officer will arrange to meet you and the other parent separately and sometimes with the child, before preparing the report. Therefore it is important to co-operate with the CAFCASS office as their recommendation is very influential in the court’s decision making.

At the final hearing each parent and anyone else who has prepared a report for the court may have to give evidence. The judge will then make a decision about what contact should take place.

6. What if my ex-partner breaches the contact order?
If the court has made an order for contact, then the court expects the resident parent to encourage the child to have contact and ensure that it takes place. If it doesn’t, the resident parent is at risk that he or she will be held in contempt of court. If the child refuses to have contact, the resident parent should inform their solicitor so that the solicitor can explain in writing to the other parent what is happening. The solicitor may advise making an application to court for a variation of the order or enforcement..