How-to Guide: Contact

This how to guide explains the steps that you can take to get contact with a child including how to apply to court for a Child Arrangements Order for contact. 

It is important to know your child’s rights in relation to contact with others. This how to guide is designed to help parents ensure their child’s right to family life is upheld

What types of contact are there?

Contact is a term that is used to describe the time that a person who does not live with a child, spends with a child. Contact can take many forms, including:

• Direct contact: face-to-face contact between child and non-resident parent.
• Indirect contact: contact through letters, telephone calls, skype, and giving of presents, etc.
• Supervised contact: a third party is involved to monitor the contact between the other person and the child. This can be used in situations where there are welfare concerns. This contact can take place in a contact centre or be supervised by an agreed third party.
• Unsupervised contact: the other person is able to have contact with the child without the need for supervision.

How can I get contact with my child?

Legally, contact is the right of the child and not the right of the parent or anybody else. In the absence of any court orders the resident parent is able to propose the contact that they feel is “reasonable” between the other person and the child.

There is no legal definition of reasonable contact, however contact should always be arranged in the best interests of the child. If the non-resident parent does not feel that the contact proposed by the resident parent is in the child’s best interests, then the non-resident parent has the following options:

• Letter: Write a letter to the resident parent requesting more contact takes place or contact resume between the non-resident parent and the child. The non-resident parent could make proposals for the resident parent to consider within this letter. The non-resident parent should give a reasonable period of time for the resident parent to respond to this letter and set a date for a response.
• Mediation: a process whereby the resident parent and the non-resident parent meet together with an independent third party (‘the Mediator’). Both parents then attempt to come to an amicable agreement with the Mediator. Several meetings may be required to come to an amicable agreement. Anything agreed within mediation is not legally binding. Before applying to court, there is now a mandatory requirement that the potential applicant offer mediation to the other party. However there are some exceptions on this. For further details on exceptions please see our page on mediation. You can search for mediators in your area through the Family Mediation Council website.
• Child Arrangements Order: If the above options are unsuccessful and contact is still refused or restricted, as a last resort, the non-resident parent can apply to the Family Court for a Child Arrangements Order under section 8 Children Act 1989. Child Arrangements Orders, under the Children and Families Act 2014, have replaced the old Residence and Contact Orders and should set out both where a child is to reside and what contact they should have with the non resident parent or any other person named in the order. This is a legally binding order. The Court operates a “no order principle” which means that they will not make an order unless it is absolutely necessary.

How do I get contact? – Flowchart

Applying for a Child Arrangements Order

Non-Resident Parent

To apply for a Child Arrangements Order under section 8 Children Act 1989, the non-resident parent will need the following:

• C100: Application for a Child Arrangements Order. This has a £263 application fee.
• CB1: Guidance document to assist in filling out the application form.
• EX160: Fee exemption form
• EX160A: Guidance document to assist in filling out the fee exemption form.
• C1A: Supplementary form where the applicant can expand on welfare and safeguarding concerns.
• Form C8: Only to be used if the applicant does not wish for the respondent to know their contact details. If you use this form please ensure that your contact details are not filled in on any other form or documents which you supply to the court as these may be visible to the respondent.

Once the forms are signed and dated, the non-resident parent will need to make three additional copies. The original and two copies will need to be filed at the Family Court nearest to where the child(ren) reside. The remaining copy can be kept for the non-resident parent’s own records. The Court can transfer the case to the Court nearest the child’s residence if the forms are not initially filed at the Court nearest to the child’s residence. The Family Court will either be attached to the local Magistrates Court or the local County Court. To find your nearest court please visit the Court and Tribunal Finder.

Grandparents or other individuals seeking contact

The resident/non-resident parent who has Parental Responsibility can allow for contact with other people during their contact times as they see fit. This includes allowing the child to have contact with grandparents, wider family relatives and other individuals, unless there are any restrictions in place.

If the resident /non-resident parent does not allow this contact to take place, those individuals, including grandparents, seeking contact with the child have the following options:

• Letter
• Mediation
• Child Arrangements Order

An individual applying for a Child Arrangements Order may need permission from the Court. This is called leave. If the Court grants permission, then the application for a Child Arrangements Order will be heard. The following persons do not require leave to make an application for a Child Arrangements Order under section 10(5) Children Act 1989:

• Any parent, guardian or special guardian of the child
• Any party to a marriage/civil partnership (whether or not subsisting) in relation to whom the child is a child of the family, e.g. a step-parent;
• A person with whom the child has lived with for a period of at least 3 years within the past 5 years (and which has not ended more than 3 months before the application);
• Any person who in the case where there is a Residence Order (granted prior to 22.04.2014) or a Child Arrangements Order in force, has the consent of each of the person in whose favour the order was made.
• Any person who in any case where the child is in the care of the Local Authority, has the consent of that authority.
• Any person who in any other case, has the consent of all those who have Parental Responsibility for the child.

If the person wishing to apply for the order does not fit into one of these categories, they will have to apply to court for leave (permission from the court to apply) before being able to apply for a Child Arrangements Order. If leave is required to apply for a Child Arrangements Order, the individual will need to tick ‘Yes’ to the question ‘Are you asking for permission to make this application, where that is required?‘ on the application form, and complete any other relevant sections relating to permission. 

On an application for leave to apply, the Court will consider the following:

• The nature of the proposed application;
• The applicant’s connection with the child;
• Any risk there might be of that proposed application disrupting the child’s life to such an extent that they would be harmed by it; and
• Where the child is being looked after by the Local Authority:
  • The authority’s plans for the child’s future, and
  • The wishes and feelings of the child’s parents.

Court Procedure

Once the Court has received the completed application this will be processed and allocated a Case Number which we would advise you to make note of as you will need to use this number for future reference. For C100 applications the court will usually give the respondent a copy of the application form and so the applicant is not required to serve the paperwork on the respondent. If the applicant is required to serve the paperwork for any reason then the should inform the applicant of this. If the applicant is required to serve the paperwork, this must be done at least 14 days prior to the Court hearing date. Service on the Respondent can be done via:

• Recorded/Special delivery to their address, or
• Handing the documentation to them personally

If the applicant has had to serve the paperwork then when this has been done the applicant will need to send back to the Court a Statement of Service detailing the date and time that service happened, the method of service i.e. post, personal service, and the forms that were sent to them. For further details and information on service please read the CB3 form.

The Respondent, once in receipt of this documentation, will need to complete an Acknowledgement of Service (C7 form which should be included in the paperwork they receive) and return this back to the Court. This form will also detail whether they wish to oppose the application that has been made. If the Respondent has any welfare concerns they can complete a C1A form and return this alongside the C7 form. The Respondent can also apply at this stage for an Order such as a Child Arrangements Order, Prohibited Steps or Specific Issue Order (see our online guides for more details).

The parties involved will receive a date on which to attend court. This is known as a Directions Hearing. It is a hearing to decide what the issues are between the parties and what procedural action needs to be taken before there is a full hearing on the issues of contact and residence. Different courts operate in different ways across the country. A person making an application to court will be able to gain advice from the courts about the process of going to court, but the court will not be able to provide legal advice.

During the Court proceedings, the Court will consider the Welfare Checklist under section 1(3) of the Children Act 1989. This is a list of factors that the Court considers when making any decision and includes:

• The ascertainable wishes and feelings of the child concerned (considered in the light of their age and understanding)
• The child’s physical, emotional and educational needs
• The likely effect of any change in the child’s circumstances
• The child’s age, sex, background and any characteristics of his which the court considers relevant
• Any harm which the child has suffered or is at risk of suffering
• How capable each of the child’s parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting the child’s needs
• The range of powers available to the court

The Child’s Wishes and Feelings

When deciding whether to consider the child’s wishes and feelings, the judge will decide whether the child is Gillick competent. Gillick competency is a legal principle that the Court follows to determine whether or not a child has the age and capacity to understand proceedings and make their opinions on their wishes and feelings known. The Judge will give as much weight as they feel is appropriate to the child’s wishes and feelings in relation to their individual circumstances. There is no set age for when a child is considered competent.

The role of CAFCASS

One of the Directions that the Court could make at the first hearing is for the involvement of the Children and Family Court Advisory Support Service (CAFCASS). CAFCASS can be asked to prepare a report on what it believe is in the child’s best interests in terms of contact and, if requested by the judge, the child’s own wishes.

CAFCASS is often seen as the eyes and the ears of the Judge. CAFCASS can speak to the children concerned and ascertain their wishes and feelings. Sometimes CAFCASS will supervise a contact session between the children and the non-resident parent particularly if the resident parent raises concerns. CAFCASS will then prepare a report as to what it believes is in the child’s best interests. The court will consider this report as well as the Welfare Checklist and evidence put before it by the applicant and respondent when making its decision.

If you are dissatisfied with the involvement of CAFCASS you should tell the officer that you were not happy with the meeting and ask the officer to see them again. Some will agree, some will not, but they should listen to anything extra a parent has to say. If a parent still feels unhappy about the meeting, the parent, or a solicitor if represented, can speak to the officer and to the CAFCASS Area Complaints Manager.

In court a parent or the solicitor should be able to raise concerns about the report. It is possible for the CAFCASS officer to attend court and sometimes the judge will direct them to attend. If the parties have not settled the issues between themselves then the officer will normally give evidence to the court. He or she will give evidence based on the report that they have written and they should be looking at the best interests of the child.

Domestic Abuse

If there has been domestic abuse and there is not a court order allowing the perpetrator to have contact with the child then the other parent can refuse to allow the perpetrator contact with the child if they feel that this is necessary to safeguard them. If there has been domestic abuse and a parent feels that it would be unsafe for the abusive person and the child to have contact, then they can see a solicitor. The solicitor will write a letter to the other party setting out the details of the abuse and why contact is being refused. The solicitor may charge a fee for doing this.

The courts take allegations of domestic abuse very seriously. If you apply to court for issues relating to contact and have been the victim of domestic abuse then you may qualify for Legal Aid to help pay for legal representation. See out page on Legal Aid in Family Law Cases for further information. 

Where domestic abuse is the reason for refusing or limiting contact, the court should consider the allegation at the earliest opportunity. If the other parent disputes the allegations but the allegations are serious and likely to affect contact, the court should:

• Make directions to ensure that all relevant evidence is obtained so that there can be a speedy hearing to decide what happened
• Consider whether contact should take place before the hearing takes place
• Consider the safety of the child and the parent
• Obtain a report from the Children and Family Reporter unless this is not thought necessary.

If there is already a court order for contact, the parent or solicitor will need to make an application to the court for the contact to be varied. The parent or solicitor may also decide to make an application on your behalf for a non-molestation order. Please see our page on Domestic Abuse for more information.

During the initial stages of the proceedings, It is for the other party to request contact before the final hearing, but before allowing this, the court must consider:

• The likely risk of harm to the child if contact is ordered or refused;
• How contact should take place, whether it should be supervised and how any risk of harm to the child and/or parent can be minimised;
• Whether the parent seeking contact should seek advice and/or treatment as a pre condition to contact being ordered.

At the final hearing, before making a decision the court should consider:

• If practical, making findings of fact as to the nature and degree of the abuse and the effect on the resident parent.
• Consider the harm that the child has suffered as a result of the abuse and the risk of harm if an order as to contact is made; and
• Only make an order for contact if it can be satisfied that the safety of the parent and the child can be assured both before and during the contact.

Step by step court procedure – Flowchart

Steps to take to get contact – Flowchart

* See Court Procedure Flow Chart