Children – Contact Orders

One of the most important (at times one of the most complicated) issues to resolve in a divorce is the relationship the child or children of the marriage will have the parents. If the parents cannot agree between themselves as to the degree of contact the child will have the parents, a Contact Order will be needed. The Contact Order can be utilised in a divorce or in a separation.

What is a Contact Order? A Contact Order is an order by the court that determines the type of contact the child will have with the parent. The contact order protects the right of the child to have a relationship with both parents. The Contact Order protects that right and enables both parents to be involved in the upbringing of the child.

There are two types of Contact Order. The two types of contact orders are direct and indirect. The direct Contact Order is when the child is allowed to spend real time with the parent. The court can issue a Contact Order that contact is to take place and then leave it to the parents to determine the arrangements. Alternatively the court can strictly define those arrangements in the Contact Order.

The indirect Contact Order addresses the way a parent can communicate via means such as email, letters and phone calls.

In many instances, it is advisable to obtain an Interim Contact Order because the process can be rather lengthy.

Removing The Child From The Jurisdiction

In today’s ever shrinking world, more complexities are raised when a parent wants to move to another different part of the country or a different country altogether.

These situations can be rather tricky. Jurisdiction issues are a niche area which resolves matters when one parent wants to remove the child from the UK to another country on a permanent basis. In these circumstances, the burden of proof lies on the person objecting the removal of the child from the jurisdiction.

Some of the concerns are:

1. Child’s contact and relationship with the other parent
2. Child’s contact and relationship with the other parent’s family
3. What role does the parent play?
4. What type of life will the child have in the other jurisdiction? Is it reasonable?

The parent planning on removing the child from the jurisdiction should not be obstructive. Ideally, the parent removing the child from the jurisdiction should be prepared to have a plan on how the child will see the other parent and the other parent’s extended family.