If your former partner has custody of your children and they are denying your right to see them, you are in the right place to find out how you can maintain your right to see your children.
Child contact is not based on what your former partner demands
Although it is often not necessary to have a contact order, where your former spouse is refusing contact altogether or severely limiting it, this might be your only means of resolving the dispute. Disputes often arise as a result of issues to do with child maintenance or what the person with custody thinks is best for the children.
Although the welfare of the children will be the primary concern of the law, the important thing to note is that child maintenance and contact are two separate things and the person with custody is not necessarily the one who can legally determine what is in the best interests of the child. Your right to contact with your children is based on what the law demands, not your partner.
The child contact order process
If the issue cannot be resolved through mediation, you have to make an application to the court for a contact order.
Most disputes will be resolved at the first hearing. If, however, it is not, a Children and Family Court Advisory and Support Service (CAFCASS) officer appointed by the court will get involved. Their role is to answer questions asked by the court in order to help them determine what is in the best interests of the children. Evidence will also be collected from you and your partner, fundamentally with the view of showing whether or not a contact order will benefit the child.
To help this process, collect whatever evidence you can, written and physical, which shows the nature of the relationship with your child/children and how this is beneficial for them. You might, for example, have play an important role in your child’s education and hobbies. Try to get a general idea of how frequently you did this activities together, how much you spent etc.
After collecting all the evidence and considering it, the court will come to a final decision and decide whether to award the contact order or not.
Here to help you get child contact
Our child custody solicitors are here to help you maintain contact with your children. We strive to deliver a sensitive service whilst paying attention to the needs of the customer by making sure your interests are represented in the best manner possible. We are professional, thorough and want to help you get the results you want. Contact us at your earliest convenience to find out what we can do to help.
