When a relationship breaks down, the parent who leaves will often be concerned at the prospect of losing face to face contact with their children.
If the custodial parent is emotionally upset, then, despite best efforts, it is often difficult to agree arrangements for the children to spend time with and have access to the other parent.
If arrangements cannot be agreed directly then mediation is very often the first port of call and can enable both parties to reflect on their position and make arrangements for child contact/access.
Unfortunately, there are a number of cases when that is not possible. If that happens, parents who are denied contact face the prospect of waiting several months without seeing the children before the Court comes to determine their matter.
Knowing how quickly time passes, and how susceptible children are to adopting the feelings of the parent they live with, it is important to proceed quickly if the relationship is to be maintained in the face of opposition by the other parent with care.
If contact cannot be agreed it is advisable to go through mediation as soon as possible, as once that has been exhausted you can then apply to the Court.
Indirect contact
Sometimes a parent will say no to face-to-face contact but instead offer indirect contact, as a means of keeping in touch. Although this is better than nothing, it is often not acceptable and seen as a difficult compromise.
The Court of Appeal has recently considered carefully the circumstances in which an order for indirect contact only can be made.
The Court has said very clearly that contact should be terminated only in exceptional circumstances. There is a positive duty on the Court to consider all alternatives before abandoning direct contact.
If you are in a situation where contact is being denied then you will need to explore all possible options and remind the other party that this is necessary and in the interests of the children.
Children are entitled to have a relationship with both of their parents. There is an obligation on parents to ensure this happens, notwithstanding the breakdown of their relationship.
If you are being denied contact or if you are a parent facing a contact application, it is important that you obtain independent specialist legal advice as soon as possible.
How Can Nelsons Help?
Melanie Bridgen is a children law specialist adviser. Melanie is an accredited specialist and a member of the Law Society Children Panel, the Law Society Family Law Panel (Advanced) and Resolution.
You can contact Melanie or another of our Family Law team on 0800 024 1976 or via our online form.