Child Contact - Being Denied Contact With Your Children?

The starting point should always be one of equality. However, the key is to establish arrangements about where a child will live and what time they will spend with each parent that work in the child’s best interests. Certainly, this is the approach of the Court.

Child Law Experts

There are few situations more distressing than being separated from your child, or worrying about what is happening to them when they are not with you.

Whether you are trying to establish regular contact, dealing with a parent who has stopped cooperating, seeking to enforce existing arrangements, or protect a child from a genuine risk of harm, our family team can help you understand your position and decide on the appropriate next step.

ONE MISCONCEPTION WORTH CLEARING UP

The most common thing people say when they first call us is “I want custody.” The law has moved on from that word and Courts in England and Wales do not work on the basis of one parent ‘winning’ and the other only being granted a right to see the child at pre-determined times. The starting point is equal parental involvement, subject always to the child’s safety and welfare.

Arrangements for children are set out in a Child Arrangements Order. This Order specifies where the child lives and how they spend time with each parent. It replaced the old terminology of ‘residence’ and ‘contact’ orders many years ago.

The court’s only concern is the child’s welfare; not which parent was right, who left whom or who behaved worse during the relationship. The question at the heart of whatever the court decides is always what arrangements best serve the child/children.

WHAT WE CAN HELP WITH

Child Arrangements Orders

A Child Arrangements Order sets out where a child lives and how they spend time with each parent. Where parents cannot agree and things cannot be resolved between themselves, the court decides.

We can help you apply to court for an order or respond to an application if the other parent has applied first.

Prohibited Steps Orders

A Prohibited Steps Order prevents a parent from taking a specific action without court approval. Common examples are taking a child abroad without consent or relocating with a child to a different part of the country.

If you are worried that this is about to happen in your own situation, we can advise and act quickly.

Specific Issue Orders

A Specific Issue Order resolves a specific dispute about how a child is being raised, such as which school they attend, whether they can receive a particular medical treatment or the faith in which they are brought up. Where parents cannot agree and the matter is significant, a court application to determine the issue, is usually the appropriate route.

URGENT SITUATIONS

Some situations cannot wait for a standard court timetable.

If there is an immediate risk to a child’s safety, if a child has been taken from a parent’s care without consent, if there is a credible threat that a child will be removed from the country, or if a parent’s behaviour is placing a child at risk of serious harm, we can act urgently.

In these circumstances, the court can hear an application at short notice and if necessary, grant an emergency order. We will advise you on what the situation requires and act accordingly.

WHAT ABOUT MEDIATION?

Before applying to court, parents are required to attend a Mediation Information and Assessment Meeting, known as a ‘MIAM.’ This is not mediation itself, but an initial meeting with a trained mediator to consider whether mediation could work for your situation. If the other party does not attend their MIAM or the mediator does not feel that mediation is relevant, the mediator will complete the relevant documentation to enable you to refer the matter to court.

There are some exemptions to needing to attend a MIAM prior to a court application being allowed. Domestic abuse is one exemption, and the urgency of a situation is another. We will advise you on whether an exemption applies when you speak with us about your specific situation.

Mediation can sometimes resolve disputes faster and at lower cost than court proceedings, however it is not appropriate in every case, particularly where there are safety concerns or where one party will not engage. We will always provide an honest view on which route fits your situation.

LEGAL AID

Legal Aid is available in some cases concerning disputes about children, particularly where there is evidence of domestic abuse.

You do not always need to be receiving state benefits to qualify for Legal Aid so if you are unsure whether you qualify, speak to us and we will find carry out an assessment of your circumstances. If we determine that you do not qualify for Legal Aid, we will discuss other options available to you.

WE ARE MEMBERS OF RESOLUTION

Resolution is a national organisation of family law professionals committed to resolving disputes in a non-confrontational way. Our family team includes Resolution members and accredited specialists. This membership makes a difference in children cases because prolonged conflict between parents can in itself be harmful to children. The goal is a workable outcome, not a fight.

Where court proceedings are necessary, our experienced advocates will represent you and guide you through the process. Where court proceedings are not necessary, we will help you find a solution that works.

Whatever your circumstances, contact your nearest office and talk to a children’s law expert to discuss your options and obtain legal advice. Legal Aid is still available in many cases and we can offer a free appointment to consider your eligibility.

SPEAKING TO US

Whether you are trying to spend more time with your children, are worried about their safety, or are dealing with a parent who will not engage, an initial conversation with our team is the first step.