Sadly, it’s not uncommon for disputes to arise over arrangements for parents to see their children. However, there are steps that can be taken to resolve any dispute that you have with the parent or guardian with care, ensuring that you’re able to maintain regular contact with your child moving forward.
Try to reach an agreement
In some cases, a carefully worded letter setting out the time you wish to see with your child and that you do wish to have a positive relationship with them can help to resolve the issue. It can often be the case that pointing out that a positive, regular relationship is in the child’s best interests can help the other party to see that the focus needs to be on what is best for the child. By seeking expert advice from a family law specialist, your advisor can help to set out the legal position in writing, together with reassurance in respect of any concerns that the other parent/ guardian may have about you seeing your child.
Mediation
Where the matter cannot be resolved informally, you may instead wish to invite the other parent/guardian to try mediation, where you can both meet to discuss the concerns you both have and try to agree the way forward without the need for court proceedings.
Apply for a Child Arrangements Order
If you’re unable to agree to contact, you can ask the courts to decide at a hearing. If this happens the result will be a Child Arrangements Order. This is a court order stipulating who has primary care of the child, and the nature of any contact with the non-resident parent or wider family members. However, except in certain cases, for example, involving domestic abuse, the court will want to see that you’ve at least attended a meeting about mediation first.
When a court determines any question with respect to the upbringing of a child, the child’s welfare will be the court’s paramount consideration. Here, a range of factors will be taken into account including the needs and wishes of the child, the capabilities of each parent in meeting those needs, as well as any harm that the child may have suffered or be at risk from suffering. In the absence of any safeguarding concerns, the courts will actively encourage a relationship between the child and both parents, even if objections are raised by your former partner.
A family law specialist experienced with dealing with these types of applications can help to prepare any case on your behalf, helping to ensure that an order is made in your favour for continued contact with your child. By having a well-prepared case, this can go a long way towards effectively defending any challenge raised by the parent or guardian with care.
Enforce a Child Arrangements Order
If you already have a court order in place, but the other parent/ guardian is not keeping to the terms of that order, it’s often best to see if the matter can first be resolved informally. In many cases, this will be in the best interests of all those involved, including your child, especially where the breach or breaches of any order are relatively minor.
Legal advice should be sought as soon as possible so that every attempt can be made to resolve the matter without further recourse to the courts. However, as a last resort, there are legal steps you can take to ask the court to enforce its terms. Your legal advisor can also advise on all other available options, including further family mediation.
Legal disclaimer
The matters contained herein are intended to be for general information purposes only. This blog does not constitute legal advice, nor is it a complete or authoritative statement of the law in England and Wales and should not be treated as such. Whilst every effort is made to ensure that the information is correct, no warranty, express or implied, is given as to its’ accuracy, and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should always be sought.