When a couple divorces, it can be a very difficult time for everyone involved. This can be made even more stressful when there is a child or children involved. It is important to make sure that the child is properly looked after the divorce, with fair and appropriate access to their parents and this is why Child Contact Orders – or Child Arrangement Orders as they are now known – are important.

What is a child contact order?

A Child Contact Order has now been replaced by a Child Arrangement Order. It is a court order that is made when a couple separates. The order gives details about where the children in a relationship will live, who will have custody of them, how they will be cared for, and how much access the other parent will have to them.

The term ‘contact’ refers to the time that the non-residential parent spends with the child after the couple has separated.

A Child Arrangement Order essentially combines a Contact Order (detailing contact) and a Residence Order (detailing with whom the child will live). It is important to remember that contact is the right of the child, not the parent and the relationship between their parents should have no bearing on contact (within reason).

How old does the child have to be for a child contact order to be made?

In legal terms, a Child Contact Order can be made and is applicable until the child is 18 years old. However, the law says that when the child reaches 16 years old, they should have the choice of who they want to live with.

Who can apply for a child contact order?

Parents, grandparents, step-parents, siblings, and others close to the child may be able to apply for contact arrangements.

The most important factor to remember is that contact with family members is the child’s right.  Family law outlines that both parents that are on the child’s birth certificate have parental responsibility for the child. This does not, however, give you an automatic right to contact with the child in the event of a separation – the contact is the right of the child.

Why do I need to apply for a contact order?

Every child has the right, where possible, to see – either through contact or residential orders – their parents. Sometimes these arrangements can be made without any orders or legal intervention, but sometimes this is not possible. Many couples are able to resolve the issues through mediation, but for others, it gets to the stage where the courts need to make the decision for them.

All of the decisions relating to the child and their contact with their parents are made with the child’s best interests as a priority.

What are the types of contact?

When it comes to contact with a child, there are a number of different kinds of contact between a parent and a child. These can include:

• Direct contact (face-to-face visits)
• Overnight stays
• Supervised or supported contact
• Indirect contact, such as phone calls, emails, or letters

What is the difference between a child contact order and a residence order?

A Child Contact Order and a Residence Order are both categorised under a Child Arrangement Order. A Residence Order is granted to the parent that will have the child living with them. Child Contact Order will normally be granted to the other parent in the event of a separation, which determines what kind of contact they may have with the child.

How Can Marlborough Law Help?

With extensive experience  in these sensitive areas, Marlborough Law, provides compassionate and expert legal services, including family law and divorce to help you through these stressful times – and always with your best interests at the fore.