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Advice on Contact Orders

Contact Orders

Cream Soda - Accordion
  • Full Question -

     

    My partner has moved with me to the midlands, her ex after a long period of no contact or payment of maintainance has demanded to see his daughter but will not collect her and is requesting he is met over half way, we have a small child of 6 weeks and he is insisting he will not collect his daughter, would a court rule my partner would have to drop her daughter off? her partner is unreliable and has not supported his daughter properly for years.
     

    Answer -

     

    Her ex will have to make an application to either the Family Proceedings Court or the County Court in the area in which the child resides with you and your partner for contact under s.8 of the Children Act. When considering an application for contact the Court looks at the welfare checklist but Court do take the view that it is in most children's interests to have contact with their absent parent. It has nothing to do with how much support has been paid over the years.
     

    If mediation is unsuccessful (where you both talk to an independent mediator to see if an agreement can be reached) and he issues an application for contact it is likely that contact would be ordered but usually initially at a contact centre in the vicinity of the child's home, eventually leading to visiting and ultimately staying contact away at the absent parent's home.
     

    As far as travelling is concerned, if he is comitted then there should be no problem in him travelling to the Midlands to see the child.

    She could make an appointment to see a Solicitor but she ought to chose one on the Law Society's Children Panel (a local one can be found on the Law Society's web site).

  • Full question -

     

    My partner has moved with me to the midlands. Her ex after a long period of no contact or payment of maintenance has demanded to see his daughter but will not collect her and is requesting he is met over half way.
     

    We have a small child of 6 weeks and he is insisting he will not collect his daughter. Would a court rule my partner would have to drop her daughter off?  Her partner is unreliable and has not supported his daughter properly for years.
     

    Answer-

    Her ex will have to make an application to either the Family Proceedings Court or the County Court in the area in which the child resides with you and your partner for contact under s.8 of the Children Act. When considering an application for contact the Court looks at the welfare checklist but the court do take the view that it is in most children's interests to have contact with their absent parent. It has nothing to do with how much support has been paid over the years. 

     

    The parties will have to attend a compulsory mediation information meeting to see if mediation might work. if it is unsuccessful (where you both talk to an independent mediator to see if an agreement can be reached) and he issues an application for contact it is likely that contact would be ordered but usually initially at a contact centre in the vicinity of the child's home, eventually leading to visiting and ultimately staying contact away at the absent parent's home.
     

    As far as travelling is concerned, if he is committed then there should be no problem in him travelling to the Midlands to see the child. 

  • Full question-
     

    I would like to know how easy is it to obtain a contact order? Also how easy is it to appeal against one. thank-you.
     

    Answer-
     

    In order to obtain a contact order, you need to apply on the correct form  which is called a C1 to your local magistrates or county court where the child is residing. I cannot say how easy it is to obtain, it depends on the circumstances of the case. However there is a general principle that contact is generally in the best interests of a child unless there is a very good reason not to allow contact.
     

    Appealing against any order is difficult as you have to show that the court were wrong in law to make an order. If they followed the law and correct procedure when making the order then the order will stand regardless of the result.

  • Full question-
     

    My husband has sole residence of his 2 children who live with us, CAFCASS did a report that any direct contact with their mother would be harmful and she was awarded an indirect contact order to include e-mails, letters etc and also to hand the passports over to my husband by 4pm on 8.5.13 she has written to the children saying she cannot find them and she has checked with school and they have no trips planned so they cannot have them.
     

     We will not pay deposits on trips until we have the passports. She has said she will let the children have a crime reference number so he can apply for new ones but apparently she needs to declare to the passport agency they are lost, we do not believe she should be discussing this with the kids via e-mail and now she has blocked them from replying. Can we apply to the courts for and enforcement order and costs as she is obviously messing around. Can we piggy back the application on the back of the order made 2 weeks ago as we do not really want to have to be paying application court costs again.
     

    Help appreciated, Thanks
     

    Answer-
     

    Yes, you can make a fresh application on Form C2 for an order within the proceedings that she do write to the passport agency within 7 days and that she be ordered to pay the costs of the application.